Administering a deceased estate can be complicated and stressful for beneficiaries and executors alike. Our Wills and Estate Lawyers have the experience and compassion to guide and assist you through this process and to ensure that the best possible outcomes are achieved with the least amount of distress and expense for all parties involved.
If a person has a Will, the nominated Executor is responsible for administering the estate. The Executor's Duties involve applying for Probate, collecting assets and distributing assets to beneficiaries in accordance with the Will.
If a person doesn't have a Will, the Supreme Court will appoint an Administrator to administer the estate. Queensland laws set out who has priority to be Administrator.
We know each case is different, so we don't charge a blanket price for work you won't need.
Speak to an Estate Lawyer today for a free assessment of your circumstances. Our fixed fee service for applications for Probate or Letters of Administration costs $990 + outlays. Ask about our deferred payment solutions to help ease the burden at a difficult time. Call us on 07 3073 2405.
Get to know the different types of estate administration in Queensland.
Probate & Letters of Administration
In most cases the administration of an estate will not involve a dispute and an uncontested application for Probate can be made.
If a person dies without a Will, we can assist an eligible person to apply for Letters of Administration.
When we assist an Executor or Administrator to administer an estate, we also help them to comply with their duties which include:
- to identify, locate and collect the deceased’s assets;
- consider any potential estate tax liabilities;
- review any debts owed by the deceased. We can advise on the correct legal order for payment of those debts and the distribution of any assets;
- prepare estate accounts and report to beneficiaries how assets were distributed; and
- we advise the Executor in relation to any claims for commission for work performed and their 'pains and trouble' in administering the estate. We explain the entitlement and legal position to beneficiaries.
The purpose of probate is to prove the Will filed in Court is the deceased's last real and valid Will so your Executor may legally distribute your property.
Probate is not always necessary. Where the estate is modest or if property is owned jointly, a grant of probate may not be needed. Contact an Estate Lawyer for a free phone consultation today.
If an estate you are the Executor of is challenged, we can assist to uphold your duties as executor to defend the estate. We will counsel you through every step of the process until the dispute is resolved.
Our goal is to balance . In other cases we act for family who have been unfairly left out of a Will. So we have a deep understanding for whether a claim has merit or not. This experience enables us to advise you
Special Supreme Court Applications
Sometimes there are defects in the Will which require an application for Probate in solemn form, such as where:-
- the Will is ripped or torn;
- it is not correctly signed or witnessed; and
- there are additional documents which may be considered a codicil.
We can prepare a special application to the Supreme Court of Queensland for orders that the Will is valid.
Family Agreements to alter the distribution of assets
Sometimes family and beneficiaries agree to change the distribution of assets from what is detailed in the Will. We can assist to negotiate these arrangements and draw up a Family Agreement setting out the arrangement.