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Deceased Estates

Who takes over when a departure is made?

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Deceased Estates – Sandgate and Surrounds: Compassionate & Professional Assistance

Winding up

It’s often only after the death of a loved one that family become familiar with the intricacies of dealing with deceased estates and what is involved in winding up the deceased’s affairs and distributing their assets.

It can be a minefield best handled by experts such as Gill & Lane who have the experience and knowledge gathered over many decades, to guide you through the process. We’re also good at explaining things so you won’t be left stranded!

We’re conveniently located if you live in or near the Brisbane Northside suburbs of Sandgate, Shorncliffe, Deagon, Brighton, Redcliffe, or nearby.

Feel free to call us on 07 3269 8111

Read our latest articles to find out more about Estate Administration.

 

Managing the Deceased Estate: Enter the executor

Simply put, when an individual dies, the person nominated as their Executor is obliged to look after the assets of the deceased person, pay their debts and wind up their affairs.

The person to finalise the affairs is either appointed as the individual’s Executor by the Will or if there is not a Will, an application may be made to the Supreme Court for appointment as the administrator of the deceased estate.

Other important terms you should be familiar with are ‘Probate’: a Court order declaring a deceased’s Will is valid and that the person named in the Will as the executor can finalise the deceased’s affairs.

You will also come across ‘Letters of Administration’: a court order made where there isn’t a Will, where a Will doesn’t appoint an Executor or where an Executor may be unable to perform their nominated duties. ‘Grant’ is the term used for the Order of the Court for both ‘Probate’ and ‘Letters of Administration’.

Most Executors regard their appointment an honour. It is a sign of the deceased’s faith and trust in the executor’s integrity to carry out the deceased’s wishes.

A good Estate Administration Manager will walk the Executor through the process of administering a deceased estate and explain what is required of them.

Gill and Lane can help you make sure the deceased’s wishes are carried out correctly and there are no unforeseen eventualities and cause for family feuds.

Often an Executor may feel obliged or under the impression that the solicitor that holds the deceased’s Will must also administer the estate – this is not true.

The Executor can appoint the solicitor of their choice to administer the estate regardless of who holds the Will. The Executor has the right to change solicitors at any stage of the Estate Administration process if required.

It’s important that the Executor feels confident that the solicitor administering the estate is appropriately qualified and experienced and can simplify and streamline the process as much as possible.

Gill and Lane focuses on estate planning and administering deceased estates. We mainly service areas within Brisbane, North Brisbane and other surrounding areas but we can assist even if you’re further afield.

If you feel you need help in your role of Executor, go to our contact page and fill out the form or call us on (07) 3269 8111 for an obligation-free consultation.

Read our latest articles to find out more about Estate Administration.

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Greg Lane, Principal