Are you the executor of someone’s Will? If so, do you know what your duties and responsibilities are? Deceased estate administration can be a complex matter, depending on the assets and circumstances of the Willmaker. In some instances, it’s wise for executors to get a Grant of Probate which will provide statutory protection if anyone claims they haven’t validly distributed the estate. Brien Leibinger Lawyers can help.
A Grant of Probate is a document issued by the Queensland Supreme Court that recognises that the Will that has been produced to it has been validly signed by the Willmaker and is legally binding. It also gives an executor the Court’s authority to administer the estate and distribute the Willmaker’s assets in accordance with the Will.
By obtaining a Grant of Probate, the executor also has the benefit of statutory protection if anyone claims they haven’t validly distributed the estate.
It will usually be necessary for the executor to produce certified copies of the Grant of Probate to life insurance companies, financial institutions, share and government land registries when dealing with the estate assets or transferring ownership of those assets under the Will. This will satisfy those organisations that the executor has the necessary authority to deal with the estate assets.
While it is possible for an executor to apply for the Grant of Probate themselves, it is usual for the executor to engage a solicitor of their choice to apply for the Grant of Probate because of the complexity of the process and preparation of the documents that need to be lodged with the Court.
Do I Need A Grant of Probate?
If you are unsure of what your responsibilities are in administering a deceased estate that you are the executor of or you believe you are likely to need a Grant of Probate to administer the estate, we can explain what those responsibilities are and help you obtain the Grant of Probate.
If someone dies without a Will they are said to have died “intestate”. An administrator will need to be appointed to manage the estate. Usually a member of the deceased’s family will apply to the court to be appointed as the administrator. If there is no-one suitable, the court can appoint a third party to act as administrator.
The estate assets must be distributed by the administrator in accordance with rules in the Queensland Succession Act. The document appointing the administrator issued by the Court is called a Grant of Letters of Administration and it largely gives the administrator the same protection and authority that a Grant of Probate gives an executor who is appointed under a valid Will. Once the Letters of Administration have been issued, the administrator will administer the estate in the same way as an executor acting under a Grant of Probate.
We Can Help.
If someone close to you has died without a valid Will and you wish to administer their estate, we can advise you if you are entitled to apply for a Grant of Letters of Administration and what else you may be required to do to administer the estate.
Brien Leibinger Lawyers are experienced estate planning lawyers. Deceased estate administration is one of our areas of expertise. If you need help in regards to this contact us today on (07) 4225 5420 or firstname.lastname@example.org
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I feel extremely fortunate to have been referred to Brien Leibinger. From the beginning, Brien has been such a diligent and supportive solicitor, especially during the complex execution of my mother’s will. Brien won my trust and respect very quickly and he can be counted on to get the job done and achieve the best possible outcome in a timely and proficient manner. It has been an absolute pleasure to have Brien as my legal representative. I highly recommend him to my friends and colleagues.
Dr Karen Benn
It was on the occasion of the death of my sister last year in August, I found that I was in need of a solicitor with more than average abilities. You were the person who was recommended to me by a friend in the legal profession, and my daughter-in-law who practices as a lawyer in the UK was able to meet you while in Cairns for the time of the funeral, and was in agreement for me to hire your services. ... I can honestly say that with your professional equipping, there were no times when any real dramas eventuated where with you were not able to find the best advice which you gave, for which our family and I are truly grateful.
George Tung Yep - (Retired Bishop of the Anglican Church in Australia)
I cannot thank you enough for your wisdom and excellent advice during the process of reviewing, updating and redrafting the multiple documents within my Estate. The legal complexities of the various documents were clearly explained and I felt comfortable in requesting multiple changes to the drafts ensuring their integrity and that the outcomes in each of the documents was exactly what I wanted and could be easily understood in plain English rather than legal jargon.
Patsy Bjerregaard AM
Brien is fantastic!!! ... We have always found his work to be of a very high standard. Brien’s correspondence is fast and efficient. He is extremely thorough and takes great pride in his work. We have always found his advice to accurate and insightful. Brien has always been very easy to communicate with. He doesn’t leave us behind with legal terminology that we don’t understand. We plan on keeping Brien as our legal advisor and we believe we would have to go a long way to find an equal. We would highly recommend Brien Leibinger Lawyers to both business owners and any individuals in need of a very good lawyer.
Peter & Chelley Howe - Rock Ridge Farming Pty Ltd