Deceased Estates

The threshold has lowered for deceased estate claims brought on from aggrieved grandchildren with the recent 2023 case Curtis v Curtis paving the way for future decisions. Curtis v Curtis involved two grandchildren (Blake and Brock) in their 30s.  Their grandfather (Barry) passed away in January 2022.  His Will made no provision for Blake and […]

I am the Executor of a Deceased Estate What if someone is owed money? Who has to pay the Creditors? Do I have to pay the bills? Under Queensland succession law, an executor of a deceased estate must pay all creditors of the deceased. Once certain conditions are met, these bills or creditors can be

Normally a grant of probate is applied for in the Court of the state/country (jurisdiction) where the deceased was living when they died, and this is usually where most of the assets are located. But if the deceased owned assets in more than one jurisdiction, it may be necessary to apply for a reseal of

If an executor of the will of a person who died in Australia is overseas and cannot get back to undertake the administration of the estate (eg Covid lock out), then we can fix that problem by having someone else appointed by the Supreme Court to perform the necessary tasks, whilst the original executor remains

We asked Boyd Hain Accountant of Hain Accountants (https://www.hainaccounting.com.au/) to provide a little insight here which may be a very surprising read……. When people, being super fund members, reach his/her preservation age, retire and begin to draw a super pension, the earnings in his/her super as well as the pension paid from the super fund

Can the Executor change what is in the will? Why cant I get my money straight away? The role of Executor of a Will is divided into several related functions, such as: To establish exactly the assets and liabilities of the estate of the deceased (the Testator); To apply for Probate when and if required;

An executor or administrator may be entitled to remuneration for administering the estate of a deceased person either automatically, by agreement with the estate’s beneficiaries, or otherwise by making an application to Court for commission. An entitlement to remuneration will be automatic where a clause in a Will stipulates commission is to be paid, although