Sometimes following the death of a testator, the Will is read and an error is found. In Queensland, the court has power to rectify a Wil so as to carry out the testator’s intentions, providing the error is clerical in nature and the Will does not otherwise give effect to the testator’s intentions. In such…
Executors and Administrators of deceased estates are referred to as Personal Representatives. Personal Representatives have the responsibility of paying the deceased’s debts out of the deceased’s assets which come into the estate. They are liable for the payment of debts to the extent of the assets which come into the estate. If the Personal Representative…
When a person dies “intestate”, this means that the person has died without leaving a valid Will. This has the effect that instead of a person’s estate being distributed pursuant to the Will, it will be distributed pursuant to the intestacy provisions of the Succession Act. If the deceased has a spouse or children (and…
The law enabling Queenslanders to make international wills came into force on 10 March 2015. International wills must meet the requirements of both the Queensland legislation and the Unidroit Convention. An international will can be beneficial when you own property in Australia and also in an overseas jurisdiction. An international will might also be something…
Have you ever wondered what would happen if you and your spouse died at the same time? Well it depends… Jointly owned assets such as bank accounts, motor vehicles registered in joint names and real property owned as joint tenants, would be transferred to the younger spouse ‘by way of survivorship’, as the older spouse…
As parents we want the best for our children and at times we feel that we have to save our children from themselves. Solicitors are frequently asked, “How long can I make my children wait before they receive their inheritance after I die?”. It is understandable in certain circumstances that a parent would ask this,…
“I can do it myself. I’m not going to pay a solicitor to do my Will. Why should I?” 1. A properly drafted Will prepared by a solicitor, is your best insurance that your estate will be distributed in accordance with your wishes and that your loved ones will be properly provided for. 2. A…
Often in the administration of a deceased estate, an asset holder such as a bank, a share registry or an aged care facility (who holds a nursing home bond or the like) will require a grant of representation prior to releasing the asset/paying the monies into the estate. In such circumstances, if the deceased left…
Section 33N of the Succession Act 1981 ensures that if you leave part of your estate to one of your children and that child predeceases you, then the share of your estate which you left to your now deceased child, will be divided equally amongst your deceased child’s children (your grandchildren) upon your death. This…
If your loved one has passed, it is necessary to carry out their wishes as expressed in their Will. Executors will usually require the assistance of a lawyer in this regard. Grants of Probate and Letters of Administration At Springwood Lawyers we can assist you to obtain a Grant of Probate or if there is…