Will and Estate Planning in Brisbane
We understand that if you are named as a Beneficiary in a Will and you are waiting to receive your money, it can be frustrating. The delay in receipt of your money could be because someone challenges the Will so that your inheritance will be reduced, possibly to nothing or it could be because the Executor is simply being very slow. Either cause can be incredibly upsetting and frustrating. While there may not always be something that you can do to stop the challenge from being made, or for the appointment of an Executor who might not be adequate, our lawyers practising in Will and estate planning in Brisbane can help to ensure you receive your inheritance as soon as possible.
We have developed a number of frequently asked questions and answers which may help you with Will and estate planning in Brisbane. For more information about your rights as a beneficiary and how we can help you to protect your inheritance, please download the information brochure below or call us on 07 3229 2215.
The Succession Act gives certain people a right to bring a claim for further provision to be made from an Estate. It is highly common for people already named in the Will to be concerned that someone would try to challenge the wishes of the Deceased, especially when it means it will take their inheritance away from them. However, sometimes a Deceased person will make a Will which does not provide for their dependants. That is why parliament has legislation to allow people to contest a Will.
Yes because the Will is the starting point in any claim. The Court will take into account the terms of the Will and the reasons why the Deceased person made the Will the way he or she did. Courts are well aware that people have the right to leave their assets as they choose by their Will and so the exercise of the Court’s power to interfere with a Will is only done very carefully.
If you are the Executor of the Will, you are required by law to uphold the terms of the Will and so you are entitled to pay your legal fees from the Estate. If you are not the Executor, it will depend on the circumstances of your case as to who pays for your legal fees.
Yes. Whether the Executor is the Public Trustee or anybody else for that matter, they have a general duty to uphold the terms of the Will, but they will not be in a position to protect your specific interests as a beneficiary. Usually an Executor’s defence to the challenge of a Will is not as vigorous as the defence you would mount if you were to engage your own Lawyer to protect your own interests.
As an interested beneficiary, you have the right to be independently represented during any litigation at any time so you can have someone who is acting to further your interests only. If you are not happy with the Executor then by all means instruct lawyers to act just for you.
Yes, but you need to build your case. The Courts give latitude to Executors because the Deceased person appointed them to the position for a reason. However, if it is clear that the Executor’s ongoing appointment is causing a loss to the beneficiaries of the estate because they are not meeting their duties, it is possible for an Application to be brought for their removal and replacement. If you think this is necessary, we would like to talk with you because before an Application can be made, the Executor requires you to point out your complaints to them and give them the chance to fix them.