Estate Administration

Making a Will

Drawing up a will is a relatively simple process for our experienced team. Even if you’re not expecting to need a will anytime soon, having one in place will ensure your assets are managed in an appropriate manner should the unthinkable happen.

A will lets you control how your estate will be divided after you pass away. In the absence of a valid will, your family and friends may have to decide what to do with your assets, a process that can involve complex legal processes and significant stress.

Making a will is the best way to spare your loved ones from having to guess how you would have wanted to distribute your wealth. Qld Estate Lawyers can help you create a legally valid will so your beneficiaries are able to access their inheritance as quickly as possible.

Find out more information on making a Will

Letters of Administration

If a person passes away without a valid will, a family member or next of kin can apply to the court for authority to collect and distribute their assets. Such authority is called "letters of administration on intestacy" and is issued by the Supreme Court. Banks will require  letters of administration to be obtained  before they will release any bank funds from the deceased's accounts, in these circumstances.

Where there is a will but no executor named or able to act (eg they have died or do not want to act), someone else can apply to the court for “letters of administration with the will” instead of the grant of probate that is given to an executor.

The court will grant letters of administration to a spouse or child of the deceased or even someone to whom the deceased owes money.

If the person named in the will as executor has died or is unwilling to act, someone else can apply to the court for what would have been, had the executor applied for it - a grant of probate. In this instance, however, grant issued is also a grant of letters of administration. This includes advice on the best course to take and preparing the necessary documentation which can be confusing to navigate otherwise.

Find out more information on Letters of Administration

Payment to Executors and Administrators

Some wills specify that the executor of the estate be paid for their services. in the absence of a specific provision in the will, an executor or administrator may still be entitled to be remunerated.

Certainly they can recover all expenses they incur from the estate. They are also generally entitled to "commission" the amount of which depends on the "pains and troubles" he or she sustained in administering the estate.   Payment to an executor – if not provided for in the will – requires the authorisation of the court or the agreement of all the beneficiaries.

You should always speak with a lawyer before making any decisions regarding payment to an executor. Find out more information on Payment for Executor