- What is Probate QLD and How Long Does it Take?
Dealing with the loss of a loved one is never easy, and navigating the legal responsibilities thereafter can add to the challenge. If you find yourself as an executor or a beneficiary,…
29-04-2019
- Estate Executor’s Guide – [Part 4] Long term trustees
Estate Executor Guide Four Part Series - Part 4 Every executor is a trustee of estate assets for at least the period until assets are sold and net proceeds are distributed. Some…
24-04-2019
- What Happens if Someone Dies Without a Will?
Have you ever wondered what happens when a loved one passes away without creating a will? Dying without a will (known as dying “intestate”) can create a tricky situation, and it’s generally…
29-04-2019
- “Unmeritorious”: costs ordered against family provision applicant
Lawsuits motivated by ill-will or emotions often end in tears as is demonstrated in the case of this family provision applicant. Desmond Guy died in July 2020 aged 95 without a will…
14-12-2023
- Residuary beneficiary caught out by estate admin convenience steps
Informal agreements regarding the administration of a deceased’s estate can lead to a residuary beneficiary inadvertently relinquishing their estate entitlements. Consider the case of Ellen McKean who died in April 1992. By…
12-12-2023
- Unconventionally signed DIY will declared valid at great expense
Regrettably DIY wills almost invariably lead to the will-maker’s estate being put to unnecessary expense to overcome validity or interpretation issues and other legal problems. Kevin Chambers died on 17 March 2023…
07-11-2023
- Capacity fight over will-maker’s delusion daughter is a witch
Issues concerning a will-maker’s “capacity” usually relate to dementia and the like. Sometimes though, they traverse broader aberrations of the mind such as a will-maker's delusion, fantasy and superstition. Jan Grzeczny was…
06-11-2023
- Court refuses undue influence estate caveat removal
A caveat can be lodged in the court registry against the issue of a grant of probate or letters of administration. The applicant for the grant then needs to decide whether to…
10-04-2023
- “Fragile”: just one month apart ends de facto spouse intestacy status
Does a temporary separation by an unmarried couple end their de facto spouse intestacy status in relation to either one of their deceased estates? Liam Dillon died in September 2020 aged 29…
08-04-2023
- Denial of court’s authority warrants removal of an administrator
Even beneficiaries with minor interests in an estate are entitled to apply to the court for the removal of an administrator to ensure the prompt and impartial administration of a deceased estate…
05-04-2023
- Court disqualifies eligible applicant; independent administrator preferred
A court is often asked to decide who of several prospects be appointed to administer an estate or whether an independent administrator is preferable. This might happen where all those named in…
01-03-2023
- Indemnity costs go with executor’s commission on admin of rural estate
Executors require the consent of beneficiaries or authorisation in the will itself, for payment of remuneration from a deceased estate for administration services they perform. It is also open to an executor…
03-03-2023