Areas of Practice

Estate Administration

For the client:

Executor

Have you been appointed an executor under a Will? Do you know what your responsibilities entail? Did you know that it is the executors duty to dispose of the Will makers remains?

An Executor could be held personally liable for the deceased’s tax debt in some circumstances, such as distribution of benefits to a bankrupt beneficiary.

Probate

A Grant of Probate is a document issued by the Supreme Court declaring that the Will produced is the last Will of the Will maker and confirming that the executor named is the rightful person to deal with the deceased assets.

A Grant of representation is frequently required by an institution with whom the deceased held assets, to ensure they are releasing assets to the authorised person.

Intestate estates

Where an individual dies without a Will, they have died ‘intestate’ and their assets will be distributed in accordance with Queensland Intestacy Law. An application for Letters of Administration may need to be made to the Supreme Court for a Grant of Representation by the person with the highest right to apply (usually the spouse).

The Grant has the same effect as a Grant of Probate, when dealing with institutions.

Administration of estates for executors

We guide and assist you to make better informed decisions and then we implement the correct paperwork to include collection of assets (including payment of Retail/Industry Superannuation member benefits or Self Managed Superannuation Funds if the Will brings this asset into the Estate), facilitate payment of debts including all taxation liability (income tax, capital gains tax), appropriate assets between beneficiaries to minimise capital gains tax and government duties and distribute the residuary Estate between beneficiaries in accordance with the terms of the Will.

For the Lawyers

Does your estate files inhibit your concentration on your primary practice income?

Do you have:

  • Estate files in the ‘too hard basket’?

  • Estate administration procedural or trust issues?

  • Complex or unusual applications for probate or letters of administration or

  • Complex court probate requisitions?

We assist the progression of your administration files, saving the estate unnecessary costs and increasing file efficiency. We provide advice on all aspects of administration of a Will or intestacy.

Estate Planning

We provide tailored solutions for your Estate Plan to ensure that your wishes are carried out and you have peace of mind that the right people control your entities after death , including the following:

  • Personal and business succession planning strategies;

  • Asset protection strategies;

  • Taxation and Superannuation advice;

  • Estate equalisation plans and taxation strategies - pre and post death;

  • Complex Will drafting incorporating testamentary discretionary trusts, child maintenance trusts, special disabilities trusts, superannuation trusts, post death testamentary trusts and option to purchase business from related entities; and

  • Enduring Powers of Attorney and Advanced Health Directives.

Will and Estate disputes

Our Estate Litigation services include:

  • Defending or challenging a Will in cases of invalidity due to alleged incapacity, undue influence, duress or fraud (Solemn Form Application);

  • Defending or challenging a Will to seek additional provision for a potential beneficiary (Family Provision Application);

  • Establishing testamentary intention (S18 Succession Act 1981);

  • Court ordered Wills (S21 Succession Act 1981);

  • Construction of Will Applications; and

  • Unusual and complex Probate applications.

Trusts

Incorporated in our Estate Plans and Asset Protection Strategies we provide establishment of:

  • Inter vivos Discretionary Trusts;

  • Testamentary Trusts;

  • Post Death Testamentary Trusts;

  • Special Disability Trusts;

  • Superannuation Trusts;

  • Maintenance Trusts;

  • Variation of Trust terms including removal and appointment of new Trustees;

  • Vesting of Trusts; and

  • Advise to Trustees and Trust Beneficiaries

We update Superannuation Trust deeds to ensure compliance with legislation and authority necessary to empower Trustees, as well as managing the day to day administration of Testamentary Trusts and Inter vivos Discretionary Trusts.