Servicing Queensland: Brisbane CBD, Brisbane North & Brisbane South, Ipswich, Logan, Gold Coast, Sunshine Coast and Toowoomba. Once granted, the administration includes gathering assets, paying funeral costs and other debts and then, distributing the remaining assets to the beneficiaries named in the Will. Once granted, the administration process is very similar to the probate process. This can place tremendous stress on family members as they may have to pay funeral expenses from their own pocket until estate funds are released.
Before commencing work for any client, lawyers must disclose their legal fees. Letters of administration show that the court has examined the relevant documents and is satisfied that the person named in the grant is authorised to administer the estate. Searches for wills and probate. Division 6: Trusts, deceased estates and bankruptcy, Part 5: Concurrent Interest – Co‑ownership, 34 Power for corporations to hold property as joint tenants, 35 Construction of dispositions of property to 2 or more persons together, 36 Tenants in common of equitable estate acquiring the legal estate, 206B When person to be treated as member of class, 211 Power to apply to court for declaration as to validity, 212 Presumptions and evidence as to future parenthood, 213 Reduction of age and exclusion of class members to avoid remoteness, 216 Abolition of the rule against double possibilities, 220 Trustee powers and superannuation funds, 5A Reference to child or issue of a person, 5B Reference to estate of deceased person, 8 Property that may be disposed of by will, 11 When an interested witness may benefit from a disposition, 12 When an interpreter may benefit from a disposition, Division 3: Revoking, altering or reviving a will, 14A Effect of registered relationship on a will, 15 Effect of divorce or annulment on a will, 15A Effect of end of registered relationship on a will, 18 Court may dispense with execution requirements for will, alteration or revocation, 19 Court may authorise minor to make, alter or revoke a will, 20 Execution of will or other instrument made under order, Subdivision 3: Persons without testamentary capacity, 21 Court may authorise a will to be made, altered or revoked for person without testamentary capacity, 23 Information required by court in support of application for leave, 24 Matters court must be satisfied of before giving leave, 25 Hearing an application for leave or for an order, 26 Execution of will or other instrument made under order, 27 Validity of will or other instrument made under order, 28 Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998, Subdivision 4: Particular wills held by registrar, 29 Registrar to hold will or other instrument made under order under s 19, 30 Registrar to hold will or other instrument made under order under s 21, 31 Envelope required for will held by registrar, 32 Delivery of will or other instrument if testator has died, 33A Protection of personal representatives who distribute as if the will had not been rectified, 33B Beneficiaries must survive testator for 30 days, 33D Effect of a change in testator’s domicile, 33F Will operates to dispose of remaining interest in property if part interest disposed of before death, 33G Effect of a failure of a disposition of property, 33H Income of contingent, future or deferred disposition of property, 33I What a general disposition of land includes, 33J What a general disposition of property includes, 33K Effect of a disposition of real property without words of limitation, 33L How dispositions of property to issue operate, 33M How requirements to survive with issue are interpreted, 33N Dispositions not to fail because issue have died before testator, 33O Disposition of real estate or personal estate may include both in particular case, 33P Disposition of fractional part in particular case, 33Q Dispositions to unincorporated associations of persons, 33R When a person may delegate power to dispose of property by a will, 33S Effect of reference to valuation in will, Division 6: Wills with a foreign connection, 33T Wills that are taken to be properly executed, 33U Deciding system of law to apply if more than 1 system of internal law, 33V Formal requirements at time of execution apply, 33W Matters that are taken to be formal requirements, 33X Will by minor made under an order of a foreign court, 33Y Recognition of statutory wills made by non-Queensland resident, 33Z Persons entitled to inspect a will or to obtain a copy of a will, 34B Meaning of “shared home” and related definitions, 35 Distribution of residuary estate on intestacy, 36 Distribution of entitlement if more than 1 spouse, 37 Distribution of next of kin’s entitlement, 39 Construction of documents—references to statutes of distribution—meaning of “heir”, 39A Election by spouse to acquire shared home, 39B Restriction on right to elect to acquire shared home, 39C Acquisition of shared home under election, 39D Personal representative not to dispose of intestate’s interest in shared home pending election or if election made, 41 Estate of deceased person liable for maintenance, Division 1: Devolution of property probate and administration, 47 Executor of executor represents original testator, 48 Provisions as to the number of personal representatives, 49 Particular powers of personal representatives, 49A Personal representatives may make particular maintenance distribution, 50 Rights and liabilities of administrators, 51 Abolition of administration bond and sureties, 52 The duties of personal representatives, 54 Protection of persons acting informally, 56 Property of deceased assets for the payment of debts, 57 Payment of debts in the case of insolvent estates, 58 Retainer, preference and the payment of debts by personal representatives, 59 Payment of debts in the case of solvent estates, 61 Payments of debts on property mortgaged or charged, Part 5A: Testamentary Appointment of Guardians of Children, Division 2: Appointment of testamentary guardian, 61F Testamentary guardian to act jointly with other guardians, Division 3: Applications to the Supreme Court, 61I Supreme Court decision on application, Division 1: Transitional provision for Succession Amendment Act 1997, 73 Application of amendments made by Succession Amendment Act 1997, 74 Application of amendments made by Discrimination Law Amendment Act 2002, Division 3: Transitional provision for Civil Liability (Dust Diseases) and Other Legislation Amendment Act 2005, 75 Application of amendment made by Civil Liability (Dust Diseases) and Other Legislation Amendment Act 2005, Division 4: Transitional provision for Succession Amendment Act 2006, 76 Transitional provision for Succession Amendment Act 2006, Schedule 2: Distribution of Residuary Estate on Intestacy, 5A Meaning of investment etc.
Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998 Subdivision 4 - Particular wills held by registrar 29. A Brisbane Wills & Estates Lawyer can help you assess which application to file, if you need to apply at all, and advise you about whether you may be eligible for any reductions. One practical difference is that by making a Will, your Executor has authority to pay specific urgent expenses – like a funeral – from estate funds. Executors are also responsible for handling any will challenges or contests, such as family provision claims or disputes about whether the Will is valid. 412.1.5 Where a co-executor dies after the advertising of a notice, 412.1.6 Where deceased a non-resident of Australia and will deals only with estate in Queensland or Australia, 412.2 Where a grant of letters of administration with the will is being applied for, 412.3 Where a grant of letters of administration on intestacy is being applied for, 414 Grants of representation in common form, 415.3 Affidavit of publication and service, 415.4 Any explanatory affidavit or documents required, 417 Registry procedure when application filed, 421 A grant of letters of administration with the will, 421.1 Application for a grant of letters of administration with the will, 421.3 Affidavit of publication and service, 421.4 Any explanatory affidavit or documents required, 421.5 Grant of letters of administration with the will, 423 A grant of letters of administration (of an intestate’s estate), 423.1 Application for letters of administration on intestacy, 423.3 Affidavit of publication and service, 425.2 Probate of a copy of a will where the original has been lost, 425.3 A grant of representation to the guardian of an infant where an infant is entitled to the grant, 425.5 Applications authorised by the Trustee Companies Act 1968, 425.7 Removal of a personal representative. Whereas there is no Administrator until one is appointed by the Supreme Court upon issuing Letters of Administration (LoA).
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