QLD Equity Claim on behalf of the Estate

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Well-Known Member
6 November 2019
Brief Background
  • I'm currently in contested will proceedings for Testator lacked capacity
  • The named Executor is the applicant for probate but also spouse, EPOA, and has applied for Superannuation as a dependent.
  • I am classed as a beneficiary, but I am taking all the necessary steps to protect the estate
  • There was over $3.5 to $5M in the Estate, however, we don't know what is remaining.
  • Named executor was in a fiduciary position, but I won't be applying for a claim against the EPOA. Just the person.
  1. How can I apply for an equity claim as a fiduciary (not as a beneficiary)
  2. Can I apply without knowing the $$$ amount
  3. Any suggestion on a good pleading/order to find out the $$$ amount
  4. Any suggestions regarding damages/interests etc?