Estates

“ Wills and estates (probate) - Supreme Court of Queensland The Office of State Revenue - Office of State Revenue ”

“ Family Provision Claims (QLD) Wills, Powers of Attorney and Advance Health Directives (QLD) ”

“ Remains and funeral wishes It is not uncommon for a testator to give directions in a will in relation to funeral arrangements or to express a wish in relation to organ donation. Whilst these directions are normally known to the family, it is prudent to view the will at the earliest opportunity. ”

“ Of note: Where the firm is to act for multiple parties – that is, a number of administrators – it should always be pointed out that the firm cannot act or continue to act where there is a (material) conflict of interest. ”

“ There is no statutory requirement to obtain a grant. Most banks and financial institutions however will require a grant if the amount they hold for the deceased is more than $10,000. In these circumstances they will normally accept evidence of death, entitlement and signing of indemnities by the ... ”

“ Funeral expenses In order to pay a person’s funeral expenses most banks will allow funds to be withdrawn from the estate before a grant is obtained. ”

“ What is an administrator? An administrator is a person appointed by the court to administer a deceased person’s estate if no executor has been appointed by the will, or in case of an intestacy. ”

“ The ending of a testator’s de facto relationship or civil partnership revokes: an appointment made by the will of the former de facto partner/civil partner, as an executor, trustee, advisory trustee or guardian; ”

“ Estate taxes Taxation generally ”

“ Challenging a will questions its validity. Contesting a will questions the fairness of its provisions. ”

“ Advertising The advertisement must appear at least 14 days before the filing of the application. The notice must be published in the Queensland Law Reporter – a publication approved by the Chief Justice under Practice Direction 14 or 2017, pursuant to rule 599(2) of the Uniform Civil Procedure ... ”

“ Advertising The advertisement must appear at least 14 days before the filing of the application. The notice must be published in the Queensland Law Reporter – a publication approved by the Chief Justice under Practice Direction 14 or 2017, pursuant to rule 599(2) of the Uniform Civil Procedure ... ”

“ Assets held in Queensland normally require a grant of administration in Queensland in order to deal with them. However where a testator has assets in more than one jurisdiction and a grant has already been made in another jurisdiction it may be possible to obtain a ‘reseal’ of that original grant ... ”

“ An administrator is entitled to receive such remuneration or commission for their services as personal representative as the court thinks fit: s 68 Succession Act 1981. If a commission is to be sought, the application to the court is made under r 646 Part 10 Uniform Civil Procedure Rules 1999. ... ”

“ In practice the commission is usually agreed between the personal representative and the interested beneficiaries. As the commission payable to the personal representative for the administration of the deceased estate is a testamentary expense, the interested beneficiaries are those parties that ... ”

“ The costs associated with any application should always be considered before filing, particularly in the Supreme Court. To avoid the costs associated with the formal application, it is in the beneficiaries’ interests for the executor and beneficiaries to come to an agreement as to commission ... ”

“ Depending upon the nature of the estate and the sophistication of the legal personal representatives, some administrators may wish to deal with administration themselves, setting up an interest bearing estate account to consolidate funds before distribution, and so on. This will also be the case ... ”

“ As a general rule all of the property of the deceased is available to pay the debts of the estate including funeral costs, other testamentary expenses and any other debts which have been incurred. The personal representative’s most significant duty in administering the deceased’s estate is to pay ... ”

“ Succession to realty is governed by the law of the location of the realty, lex situs, and movables by the law of the domicile of the deceased, lex domicilii. Part 3 of the Succession Act 1981 deals with intestacy. ”

“ Specific gift ”

“ There are no mandatory legal fee scales for estate matters in Queensland. Fees should be agreed and disclosed via a client service agreement and disclosure notice. Lawyers may wish to charge the scale rate set out in Schedule 1 of the Uniform Civil Procedure Rules 1999. In the absence of a client ... ”

“ Keeping proper accounts Administrators should be aware of r 648 Requirements of estate accounts Uniform Civil Procedure Rules 1999 and the necessity to maintain complete and accurate administration records. ”

“ The administrator should consider whether any actions are still on foot, in respect to which the decision of Stanford v Stanford [2012] HCA 52 is noted. See also r 71 Defendant or respondent dead at start of proceeding Uniform Civil Procedure Rules 1999 (Qld). Any orders or binding agreements made ... ”

“ The included sample letters are basic in design, and will need to be adapted to suit the particular situation. Even where a formal administration account is not necessary in the circumstances of the matter, it is suggested that preparation of a distribution statement will be of benefit to ... ”