Estate Administration Lawyers

Intestacy Matters

When a person passes away without a valid will, their estate is distributed according to the laws of intestacy. In Queensland, these laws are governed by the Succession Act 1981 (Qld) and its subsequent amendments

Intestacy can be full or partial, depending on whether the deceased left no will at all or a will that only disposes of part of their estate. The distribution of an intestate estate follows a strict order of priority, starting with the deceased’s spouse and children, then moving to parents, siblings, grandparents, and other relatives

For deaths on or after 1 April 2003, the definition of “spouse” includes both married partners and de facto partners of two years or more, including same-sex relationships

The intestacy laws also recognise multiple spouses, who may share in the estate according to specific rules

In cases where there are no eligible relatives, the estate becomes bona vacantia and passes to the Crown

Our intestacy lawyers can guide you through the complexities of intestacy, helping to determine the rightful beneficiaries and their entitlements. We can assist with applications for letters of administration, which are necessary to manage and distribute an intestate estate

Our team is well-versed in handling various scenarios, such as partial intestacy, multiple spouses, or cases involving indigenous persons, where special provisions may apply

We can also help navigate potential challenges, such as claims from family members who may feel unfairly excluded under the intestacy rules. With our expertise, we aim to ensure a fair and efficient distribution of the estate in accordance with the law, while minimising potential conflicts among beneficiaries.

Resealing Foreign Grants

At ROC Legal, we understand that dealing with a loved one’s estate can become even more complex when assets are located across different jurisdictions. Our experienced probate lawyers can assist with resealing foreign grants, a process that gives legal effect to probate or letters of administration issued in other jurisdictions. This procedure is important for executors or administrators who need to manage assets located in Queensland when the original grant was issued elsewhere.

Our expert team can guide you through every step of the resealing process, including:

• Determining if your foreign grant qualifies for resealing in Queensland
• Preparing and filing all necessary documentation, such as the application for resealing and supporting affidavits
• Ensuring compliance with the Uniform Civil Procedure Rules 1999 (Qld)
• Handling any additional requirements, such as advertising for creditors if debts are owed in Queensland
• Addressing any challenges that may arise during the resealing process

By leveraging our expertise in resealing foreign grants, we can help streamline the administration of multi-jurisdictional estates, saving you time and reducing stress during an already difficult period. Whether you’re an executor, administrator, or beneficiary dealing with cross-border estate matters, our dedicated team is here to provide the support and legal guidance you need.

Asset Collection and Distribution

As expert probate lawyers at ROC Legal, we understand that asset collection and distribution are critical steps in the estate administration process. Once a grant of probate or letters of administration has been obtained, our experienced team can assist you with efficiently gathering and distributing the deceased’s assets. Our lawyers will guide you through the process of contacting financial institutions, government agencies, and other relevant parties to collect the assets and transfer them into the estate account.

We’ll also ensure that all debts, taxes, and expenses are properly paid before distribution occurs. When it comes time to distribute the assets to beneficiaries, our team will carefully review the will or intestacy laws to determine the correct allocations. We’ll prepare all necessary legal documents for asset transfers and obtain appropriate releases from beneficiaries. Throughout this process, we maintain meticulous records and provide clear communication to all parties involved, helping to minimise potential conflicts and ensure a smooth distribution of the estate.

Estate Disputes

As experienced estate lawyers, we know that estate disputes can be emotionally charged and complex legal matters. Common issues that arise include challenges to the validity of a will, claims for further provision from the estate, disagreements between beneficiaries or executors, and concerns about undue influence or lack of testamentary capacity. Our skilled team can provide expert guidance and representation throughout the dispute resolution process. We assist clients by:

• Evaluating the merits of potential claims or defences
• Advising on legal rights and options
• Negotiating with other parties to reach an out-of-court settlement where possible
• Representing clients in mediation or other alternative dispute resolution processes
• Initiating or defending court proceedings when necessary
• Ensuring proper estate administration and distribution

Our goal is to help resolve estate disputes efficiently and cost-effectively while protecting our clients’ interests. We take a compassionate approach, recognising the sensitive nature of these matters, and strive to preserve family relationships where possible. With our extensive experience in estate litigation, we can guide you through this challenging process and work towards achieving the best possible outcome.

Why Choose Us

Expertise

Our lawyers are well-versed in Queensland’s succession laws and stay updated on legislative changes.

Efficiency

We streamline the administration process to save you time and stress.

Personalised Service

We tailor our approach to your unique circumstances and family dynamics.

Clear Communication

We explain complex legal concepts in plain language and keep you informed throughout the process.

Don’t navigate the complexities of estate administration alone. Contact ROC Legal today for compassionate and professional assistance with your estate matters.