LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD My Rights Dealing with the Public Trustee Qld?

Discussion in 'Wills and Estate Planning Law Forum' started by Konrad Wassenaar, 17 June 2014.

  1. Konrad Wassenaar

    Joined:
    17 June 2014
    Messages:
    1
    Likes Received:
    0
    I am one of eight beneficiers of an estate handled by the QLD Public Trustees. This estate involves the sale of a Unit at a well known Retirement Village in Brisbane.

    The Unit has been for sale for well over one year and has now finally been sold. Settlement was to have taken place yesterday 16 June 2014. I was advised by the QPT that settlement would not take place as the Solicters of the Retirement Village as well of the Purchasers had placed numerous conditions on the contract with which the QPT could not agree.
    As the Purchaser had sold her property and had to move out it was requested that the Purchase was given an early occupancy licence. I felt that would be risky as the QPT told me that the negotiations to resolve all the issues could take a long time. I am afraid that if the new owner is allowed to move into the unit and the negotiations are taken a very long time or if the new owner were to pass away a legal nightmare would exist.

    The QPT told me then that the beneficiers had no rights to instruct the QPT as to what decision the QPT should make. I find that difficult to understand. Surely the benerficiers are entitled to instruct how or at what price the property is sold?

    I have also been informed by the selling agent that the sale WAS settled and all moneys had been paid by the purchaser. That leaves me now with the uncomfortable feeling that something else is amiss as I have been trying several times now to contact the person who is dealing with this estate and don't seem to get anywhere with my questions.
     
  2. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Sound like a typical story with a Public Trustee.
    They are correct as a beneficiary you don't have the right to instruct them.
    The Public Trustee is a bureaucracy so they don't deal well with the the unexpected.
    I wouldn't get to worried yet.
    "Never attribute to malice that which is adequately explained by stupidity"
     

Share This Page

Loading...