What happens when an Administrator of an Estate is also a superannuation fund beneficiary? Is there a conflict of interest?

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 […]

Read More →

Read More →

Distributing a Deceased Estate

Distributing a Deceased Estate

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 […]

Read More →

Read More →

Living forever through your Estate plan – an interesting new development in virtual existence after death

Living forever through your Estate plan – an interesting new development in virtual existence after death

I have written before about who receives your password if you pass away, but I have recently read about new services that are available which take the concept of a virtual legacy to a whole other level. What options are there for my virtual legacy? There are companies which offer clients the opportunity to name […]

Read More →

Read More →

Deceased Estate Debts

Deceased Estate Debts

I am often asked by clients acting as Executors or Administrators of a deceased Estate how to manage and pay the debts of a deceased Estate. Before paying the debt of an Estate, an Executor or Administrator should consider the following: Whether the deceased’s Estate is liable to pay the debt; Whether the Executor/Administrator is […]

Read More →

Read More →

What changes can be made to distributions in a Will after the Will maker has passed away?

What changes can be made to distributions in a Will after the Will maker has passed away?

I often have Executors asking me what changes can be made to the distributions to beneficiaries in a Will when they are completing the administration of the Will maker’s Estate. While it is the Executor’s duty to uphold the Will maker’s testamentary intentions as much as possible, there is some flexibility for carrying out those […]

Read More →

Read More →

Philip Seymour Hoffman’s Will – What conditions can be placed on bequests?

Philip Seymour Hoffman’s Will – What conditions can be placed on bequests?

I have been reading about the administration of the Estate of Philip Seymour Hoffman, who tragically passed away recently. His Will made a number of bequests, but included rules for the circumstances in which those bequests could be accepted by the beneficiaries. As an example, he set up a trust for his son, but stipulated that […]

Read More →

Read More →

Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza & Ors – A landmark case for Family Provision Applications

Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza & Ors – A landmark case for Family Provision Applications

I read with interest a decision recently handed down in the Supreme Court in the matter of Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza & Ors [2014] QSC 37. The case concerned a man’s application for further and better provision out of the Estate of his deceased father, for […]

Read More →

Read More →

What happens to my HELP education debt if I pass away before paying it off?

What happens to my HELP education debt if I pass away before paying it off?

I often receive enquiries as to what debts a person’s Estate must pay, and what debts do not form part of the Estate. The debts that don’t form part of your Estate include debts incurred by a company or trust. Any debts which are incurred in your name alone, either personally or by way of […]

Read More →

Read More →

Questions of capacity – when there are suspicions about a Will maker’s capacity at the time of making their Will

Questions of capacity – when there are suspicions about a Will maker’s capacity at the time of making their Will

I recently read an article from the UK about an elderly lady who committed suicide, leaving her £250,000 bungalow to her doctor’s daughter, and the residue of her Estate to her financial advisor. Mrs R’s previous Will had left her entire Estate to her sisters in equal shares, and one of them is now demanding […]

Read More →

Read More →

The top four reasons why you should not use a DIY Estate administration kit – Part 4

The top four reasons why you should not use a DIY Estate administration kit – Part 4

In this series, I have addressed the first three reasons why I believe you should not use a DIY Probate or DIY Letters of Administration Kit. In my final instalment, I would like to address what can happen if your application for Grant of Probate or Grant of Letters of Administration is requisitioned by the […]

Read More →

Read More →

Top