Probate and Deceased Estate Administration in Brisbane
In the vast majority of estate administration matters, you will hear the term “probate”. Whilst many estate lawyers will use the term freely, it is important that you understand what it means and why there might be delays in probate and Deceased estate administration in Brisbane.
By engaging our services in probate and Deceased estate administration in Brisbane, we can help to ensure that the Deceased’s wishes are respected following their death in clear and cost effective manner. We can do as much or as little as you want and would like to talk with you about how we might assist you to administer a Deceased estate.
To discuss your needs for probate and Deceased estate administration in Brisbane, please don’t hesitate to contact us by calling 07 3229 2215.
Probate’s correct name is a Grant of Probate. A Grant of Probate is a document which issues from the Supreme Court in Queensland. It is essentially the Court’s seal that the Will subject to the Grant of Probate is in fact the last Will of the Deceased and that the person who has obtained the Grant, the Executor, is the person entitled to administer the estate.
Yes. A Grant of Probate relates to circumstances whereby a Deceased person died leaving a Will. A Grant of Letters of Administration upon intestacy means the Deceased person died without leaving a Will and their next of kin has applied to the Court to be appointed as Administrator to administer the estate. A Grant of Letters of Administration with the Will means that the Administrator was not named as Executor in the Will but that they are administering the Deceased’s person’s estate based on their last Will.
Both roles are the same in that they are collectively called the Personal Representative of the Deceased. Their job is to administer the Deceased’s estate. An Executor is appointed to the role by the Deceased’s Will. An Administrator is appointed to the role by the Court either because the Deceased died without a Will or because the named Executor in the Will has died.
Obtaining a Grant of Probate offers protection for an Executor and for third parties. An Executor has personal liability for any mistakes they make. Therefore if an Executor administers an estate based on a Will and then a later Will is found, they are personally liable for the differences in the bequests. If the Executor has obtained a Grant of Probate, they will not be personally liable.
Some third parties such as banks and financial institutions will require an Executor to obtain the Grant of Probate before they will close the Deceased’s bank accounts and pay the funds to the Estate. This is because if the bank pays to an Executor pursuant to one Will, but then another Executor approaches them with a later Will, they must pay the money out twice. Therefore, most of the time we will recommend that an Executor obtain a Grant of Probate.