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Deceased Estates Brisbane

Deceased Estates


An Executor of an Estate has many duties to perform, one of which may include obtaining Probate of the deceased’s Last Will. Probate is the Court’s acceptance of a Will as being valid. It is also confirmation that the Executor named in the Will is the validly appointed Personal Representative of the Estate. Other responsibilities of an Executor may include payment of any debts or taxes, collecting assets, dealing with bank accounts and investments, the sale of property, distributing to beneficiaries and carrying out other wishes as expressed in the Will.

In the event a person dies Intestate i.e. without leaving a valid Will, we can assist by making an Application to the Supreme Court for Letters to Administer the Estate. If Letters are granted by the Court to a spouse or next – of – kin then that person has the authority to administer the Estate as if they were an Executor appointed under a Will.

Understanding the process and precisely what needs to be done from a legal standpoint when someone dies can be difficult and under the circumstances often proves to be quite overwhelming.

Throughout the years Peter Daley has administered countless Estates. One example was the case of Re Parker [1995] 2 Qd R 617 where the deceased had been lost at sea. As a result of the decision made by the Court, changes were made regarding the issuing of Death Certificates, and in particular, causes of death. As a result of this case, the cause of death was able to be recorded by the coroner as “death at sea”.

As is often the case in Estate matters, funds are not always available in the first instance to meet the costs involved in the administration of an Estate, for example, obtaining Probate of a Last Will. In such circumstances,we may advance funds on behalf of the Estate and await the administration of the Estate’s completion before seeking reimbursement for the practice outlays involved and payment for services rendered.

Peter Daley

Peter Daley was admitted to practice as a solicitor in the Supreme Court of Queensland and the High Court of Australia on January 31 1984. In August 1985 Peter established a legal practice in the Brisbane suburb of Banyo.

Call me today (07) 3267 8066.