We provide comprehensive legal support for the administration of deceased estates.
The death of a loved one is a very difficult time. It is an unfortunate reality that in your time of grief, you also have to contend with a complex and extended legal process of dealing with the deceased person’s finances and other related issues, known as administering the estate.
As part of the estate administration, an Executor will routinely be required to address many of the following issues:
Should I get probate, and what does it mean anyway?
What do I do if there is no will?
How do I know if the will is valid?
How do I handle superannuation and life insurance entitlements without suffering a huge tax penalty?
Is a claim upon the estate by a disgruntled family member likely, and what should be done about it?
When is it safe to pay out the funds to the beneficiaries, and when does the executor risk a personal claim?
What do I need to do to transfer and/or sell the house and any other real estate?
What do I do about creditors of the estate?
How do I handle the deceased’s tax affairs and ensure I am not personally liable?
What needs to be done to inform the relevant government authorities (e.g. Medicare; Centrelink; ATO; etc)?
How do I handle the partly completed matrimonial proceedings of the deceased?
How should the business of the deceased be dealt with?
What assets fall outside of the estate (e.g. joint tenancies; trusts; superannuation; life insurance)?
What do I do if the will gives away property that the deceased doesn't own?
What happens if the death certificate lists dementia as a cause of death?
What do I do if the terms of the will are unclear?
All the while you are answering to impatient beneficiaries who think the job is simple and “should have been completed by now”.
Clearly an executor or administrator has a tough job to do. The good news is, you do not have to do it all by yourself – you have a right to have legal assistance in the process, and for the cost of that legal help to be paid from estate funds.
Our expert Wills & Estates Team provide comprehensive deceased estate administration services – from obtaining probate of the will, through to final distribution. And, of course, if an estate dispute arises, our award-winning Estate Litigation Team is on hand to support and guide you every step of the way.
Book a free estate administration initial consult with one of our expert deceased estate administration solicitors today.
Frequently asked questions by our clients
Our team of expert estate lawyers is led by one of a handful of inheritance law specialists in Queensland. Christine Smyth is a Queensland Law Society (QLS) Accredited Specialist in Succession Law. No other Gold Coast law firm has anyone more highly recognised by their peers in this specialist field. From the drawing of a simple will, advising as to your estate planning needs, to assisting you to resolve complex will disputes, our team of highly qualified and experienced Gold Coast estate lawyers are experts in addressing all of your inheritance law needs. Robbins Watson Solicitors are here to help, providing peace of mind through a comprehensive Inheritance Law service.
Choosing a probate lawyer who knows the issues, the problems and the solutions is the best way to ensure that everything is addressed from the start, and probate issues smoothly.
Robbins Watson’s estate lawyers do this all day, every day.
When a Robbins Watson estate lawyer is engaged to assist in estate administration, we act to administer the estate as quickly as it may safely be done – while protecting the executor against the many pitfalls.
Our estate lawyers look for safe, sensible solutions to the issues that arise, and ensure that, where you have to make a choice, you are given all your options, with our recommendation about which option is best for you.
Our commitment to streamlining our estate administration while maintaining a sense of personal service and understanding has seen us become the estate lawyers Gold Coast families choose to help them navigate this difficult task.
Book a free estate administration initial consult with one of our expert probate solicitors today.
“Probate” is a court order which officially recognises the validity of the will and the appointment of the executor named in the will. It is obtained by a formal process of proving and registering the will with the Supreme Court.
Probate is a vital first step in most estate administrations, as it gives the Executor:
a court order validating the will, with legal and enforceable rights to administer the estate
legal rights to access the deceased’s bank accounts and other asset holding companies and organisations
legal rights to sell or transfer estate property – including real estate
the authority necessary to deal with the ATO, including lodging tax returns for the deceased personally, and if necessary the estate
protection of the Court from personal liability for proper actions taken as executor
Book a free estate administration initial consult with one of expert Estate Administration Solicitors today.
The law of intestacy applies when a person dies without a valid will. It also applies when a person makes a valid will but fails to properly distribute some or all of their assets, which is known as a partial intestacy.
If a person dies intestate, their estate or the part of it they failed to properly distribute is divided between their next of kin, with the precise distributions varying from state to state. If there are no surviving next of kin, the estate passes to the State Government.
Intestacy is an unfortunate consequence of inadequate estate planning and can produce very harsh results, particularly in blended families or when parties have separated but not divorced.
Our award-winning Wills & Estates Team are very experienced in dealing with intestacy and will guide you through the process.
Book a free estate administration initial consult with one of expert our Estate Administration Solicitors today.
If a person dies without a will or if their will does not include a valid executor appointment, the court will not make a grant of probate. Rather, the person wishing to administer the estate will be required to apply to the Supreme Court for a grant of Letters of Administration.
The application process is similar to a probate application; however, it is usually more complex, and the tasks required to satisfy the Court are more onerous.
There is also increased scope for a dispute, as there are often various persons (e.g. siblings) who are equally entitled to apply for Letters of Administration, but who hold very different views about how the estate should be administered. Or, they may simply dislike and distrust one another. This can be very unpleasant and may lead to a contested application for Letters of Administration, which is expensive, time-consuming, and incredibly stressful.
Our award-winning Wills & Estates Team are very experienced in dealing with applications for Letters of Administration and will guide you through the process.
Book a free estate administration initial consult with one of expert Estate Administration Solicitors today.
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