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Probate & Deceased Estate Administration

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

Why choose a Robbins Watson Estate Solicitor?

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.

What is Probate?

“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.

What is intestacy?

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.

What are Letters of Administration?

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.

Contested Wills and Estates
Read More about Contested Wills and Estates.

Meet the team

Andrew Smyth

Partner

Sean Powell

Partner

Christine Smyth

Special Counsel

Isabella Phillips

Senior Associate

Connie Ung

Associate

Why choose Robbins Watson Solicitors?

Discover what makes us different.

Experience you can count on

With over 60 years in business, we position our clients and their businesses with the best advice to enable them to prosper.

We’re committed to you

We recognise your needs, assess specific priorities and objectives and develop strategies to meet them.

Enduring relationships

We generously invest time and expertise to understand our clients and build beneficial long-term relationships.

Efficient teams

We embrace technology to ensure our clients outcomes are delivered quickly, efficiently and cost-effectively.

What our clients have to say

Chelsea Baker, solicitor at Robbins Watson, has been looking after the administration of our late mother’s estate. Chelsea (and her team) has been very professional, prompt and friendly. She was very knowledgeable and thorough, in explaining everything and providing all the necessary legal documents and advice. We have been very happy with the service provided and would highly recommend Chelsea and her team at Robbins Watson Solicitors

AI & LB

Thank you to Sylvia Hoefnagels for guiding me through an Estate issue. Sylvia was direct, always courteous , very efficient and understanding. I will not hesitate to contact Robbins Watsons Law firm should I require further legal advice

Catherine Scally

Thanks to the wonderful assistance of Robbins Watson, we have come to the conclusion of matters for my Father and his Estate… on behalf of my Mother and my brothers we are so grateful for the kindness and guidance shown by Chelsea and yourself, Allison, in all you have done. Thank You.

G

Thank you so very much for your help to see this finalised today Adam !!!!! A very emotional day for me, and I am so grateful for all you have done to push this through.

E.S

Just wanted to say a huge thank you to Sarah and the team at Robbins Watson for helping me with my separation recently. Sarah was exceptional in all her dealings with the separation and put my mind at ease throughout the entire process. It was a challenging time however Sarah had it completely under control and achieved a great result allowing me to move forward with confidence. Sarah was very professional, compassionate and supportive the whole way through. Thanks again Sarah for all that you do.

Family Law Client

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

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