QLD 'Pre-Grant' Probate- Named Executor responsibilities??

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DaniDee

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6 November 2019
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Whilst a probate application is being contested and no executor/administrator has been court appointed....
is there any fiduciary & legal responsibilities of the named executor to the estate & beneficiaries
 

Tim W

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28 April 2014
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Contested? As in there's a dispute about the Grant/ appointment?
 

DaniDee

Well-Known Member
6 November 2019
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Many apologies...
named executor has applied for probate and I have submitted a caveat to stop the grant until testamentary intentions and capacity are determined
 

Tim W

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A caveat? As in a caveat on, say, the deceased's house?
Or an injunction, as in a Court order made to stop the would-be executor from doing anything?
 

Tim W

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Got it.
(for those who read this later, in Queensland, as in NSW, an objection to an application for probate is called a "caveat")
In short and simple, they can't do anything until they are formally in office.
(except, perhaps, arrange for a funeral...)

What's the background to the question?
 

DaniDee

Well-Known Member
6 November 2019
17
0
71
Got it.
(for those who read this later, in Queensland, as in NSW, an objection to an application for probate is called a "caveat")
In short and simple, they can't do anything until they are formally in office.
(except, perhaps, arrange for a funeral...)

What's the background to the question?

Two main reasons
1. "named executor" has applied for superannuation as a dependent - but, thankfully this has been suspended.
2. I will need to put in a claim for super to be included in the probate proceedings - but it seems conflict of duty is not viable.
 

Tim W

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28 April 2014
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Super is not typically part of the estate - not in the way that the house and the car and the pots and pans are.
That's because super funds are, basically, trusts, and on that basis are not the personal property of the deceased.

Is common for a fund member to nominate a beneficiary - that can be, but isn't always the spouse.
You may care to start there.