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Estate Administration

Suspect the Executor isn’t properly administering the Estate?  What can you do to remove them?

Generally speaking, an attorney owed a duty of absolute loyalty to the principal – meaning that the attorney must place the principal’s interests above their own, and always act in the principal’s best interests.

Where there’s no will, it means that there cannot be an executor – because an executor is the person appointed by the will to carry out the instructions contains in the will. Where there’s no will, the scenario is called an “intestacy”, and the deceased person is said to have died “intestate” – that is, died without a will.

A relative or friend has just passed away, and I’m the executor? What do I do?

So you know what probate is (and if you don’t, see our article “What is Probate” here). The next question usually is, "Do I need a grant of probate?"

In Queensland, there was a perception for a long time that the estate covered the costs for both the successful and unsuccessful parties when claiming against the estate.

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