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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?

At its most basic level, a Grant of Probate is simply a Supreme Court order, given to an executor, that identifies the executor as the person to deal with the deceased person’s estate. Whereas, a Letter of Administration is given to someone who isn’t named as executor in the will.

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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Need a Copy of a Will?

If you need a copy of a Will and/or are seeking legal advice, the team at O'Connor Rudy and Garrett can assist you. We will contact you to confirm additional details and then organise contacting the required parties to secure a copy of the Will for you.