Category: Estate Administration

What are the requirements for receiving a distribution from an estate?

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

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