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Estate Administration

Our experienced lawyers can help guide executors and family members through the estate administration process when a person passes away.

Executors appointed under a Will have the responsibility to administer the estate in accordance with the terms of the deceased’s Will. This can be a complex task, particularly when family members are dealing with the loss of a loved one.

We act for executors and administrators of estates in all stages of estate administration including:-

  • Administration of estates - including collection of all estate assets, payment of estate liabilities and expenses, distribution of assets to beneficiaries, transmission of estate properties, record of death for jointly owned properties

  • Obtaining a Grant of Probate (where there is a Will)

  • Obtaining a Grant of Letters of Administration (where there is no Will)

  • Informal Wills (e.g. a Will that has not properly been witnessed)

 

Our lawyers also have experience in handling Will disputes and litigation including:-

  • Family provision applications (see below)

  • Disputes regarding the deceased’s capacity to make the Will

  • Rectification of Wills (e.g. where there is a clear error or mistake in the Will, and a Court Order needs to be sought to rectify that error or mistake)

  • Breaches of duty by executors and administrators

 

Family Provision Applications

In Queensland, a person may bring a ‘family provision application’ against a deceased estate where they claim that the deceased person’s Will fails to make adequate provision for the applicant’s proper maintenance and support.

 

You may be eligible to bring an application if you were the deceased’s:-

  • Spouse, including de facto spouse

  • Child (including stepchild)

  • Financial dependent

 

There are strict time limits that apply on when an applicant must give notice to the legal personal representatives of the deceased’s estate of their intention to bring a claim, and also when they must file their application in the Court (District Court or Supreme Court, depending on the value of the estate).

 

There are a wide range of factors that the Court will take into account to determine whether the Court should alter the Will to properly provide for an applicant.

 

Our lawyers have extensive experience in representing applicants in family provision claims, as well as representing executors in responding to claims.

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