When you pass away without leaving a valid will, you are deemed to have died intestate. This means that your estate will be administered and distributed according to legislation. The benefit of having a will is that you can appoint an executor to administer your estate and dictate how you wish for your estate to […]
Recently, I have received a number of enquiries where a deceased’s original will cannot be found. When an original will cannot be found, a grant of probate can still be obtained on a copy of a lost will, however, the process is different to where there is an original will. How can I obtain a […]
Dealing with a loved one’s estate can be challenging, especially if you need to obtain a grant of representation. To assist those with questions in relation to a grant of representation, and whether it is necessary to obtain such a grant, I have outlined some questions that I am often approached with. What is a […]
I am often asked by clients both during the preparation of their Will, and in the administration of a deceased estate, what the requirements are for beneficiaries to receive a distribution from an estate. Succession Act 1981 (QLD) The Succession Act has several provisions surrounding beneficiaries receiving distributions from an estate. These include: Survive by […]
I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the deceased’s family and friends are gathered together and the deceased’s Will is then read aloud. Although scenes such as these are played out in numerous American movies, there is no […]
I have previously written about what can be done if only a copy of a Will can be located. A new decision has been handed down recently which provides further guidance as to the circumstances in which a copy of a Will may be used to obtain a Grant of Probate. Background The background to […]
In what circumstances will a Court refuse to re-seal a grant of Letters of Administration from another state?
I was interested to read a recent decision of the Supreme Court of South Australia in which the Court refused to re-seal a grant of Letters of Administration from Victoria (“the Grant”). The Supreme Court upheld the registrar’s discretion to refuse to re-seal the Grant on the basis of a need for uniformity. Background The […]
What happens when an Administrator of an Estate is also a superannuation fund beneficiary? Is there a conflict of interest?
I was interested to read a decision handed down on 16 May 2014 by the Supreme Court which has provided guidance on situations where the Administrator of a deceased Estate applies for the deceased’s superannuation death benefits to be paid to them personally. Background of McIntosh v McIntosh The background of the case is as […]
I am regularly contacted by clients facing pressure from relatives and beneficiaries of a deceased Estate to distribute the assets of the Estate as soon as possible. Should I distribute the benefit of an Estate immediately? Due to this pressure, some clients believe that as soon as they obtain a Grant of Probate or Letters […]