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QLD Can AFP Block Deceased Estate Payments to Beneficiaries?

Discussion in 'Wills and Estate Planning Law Forum' started by HOO, 3 September 2014.

  1. HOO

    HOO Member

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    Does the Australian Federal Police ( AFP) have the authority to legally block, prevent or delay payments to a legal beneficiary from a deceased estate if the beneficiary has no past convictions and is not currently facing any legal charges?

    Also, can the AFP for any reason legally block or delay property mortgage insurance payments or life insurance payments to a legal beneficiary (spouse) after the death of a husband?
     
  2. Tim W

    Tim W Lawyer

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    Who has told you that they can?
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi HOO,

    Does the AFP have a court order allowing them to block? There may be an investigation going on concerning part, or the whole, of the estate. If this is the case, it could be one reason why the AFP are seeking to prevent the estate from being distributed.
     
  4. Tim W

    Tim W Lawyer

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    Agreed.

    The AFP do not have that kind of authority themselves.
    But, as @Sarah J says, they could potentially get an order stopping a distribution until (an) investigation is complete.
    This might happen if, for example, it needs to be ruled out that some part of the estate is,
    or was obtained using, proceeds of crime.

    That the beneficiary is unconvicted, and is not otherwise of interest to police, is not relevant.

    The other thing to ask the Executor about, and in which the AFP is far less likely to be involved,
    is whether or not the estate might be subject to the "claw back" provisions of the Bankrupty Act 1966.

    What does the Executor say?
     

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