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

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

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 beneficiies 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

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

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