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QLD Rights of a Beneficiary of a Deceased Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by TCtjh, 24 May 2015.

  1. TCtjh

    TCtjh Member

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    I believe that, as a beneficiary of my Mother's deceased estate, I am entitled to view the will and receive a copy of the accounting of the estate.

    At what point should this be made available to me and should I be asking the executor of the will for these? My Mum died two months ago.
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi TCtjh,

    I am sorry for your loss. You can request a copy of your mother's will from the executor (if you know who they are) or from the law firm your mother used to draft the will. You can do this at any time after death, even if probate has not been granted (i.e. will not validated by court). If the executor has applied for probate, you can also obtain a copy of the will from the probate office in the Supreme Court of QLD after the granting of probate as a copy will be kept in with court.

    Have a read of: "Are you a beneficiary of a will? Know your rights"

    Once someone passes, the executor must prepare accounts, advertise to existing and potential creditors to see if there are any amounts outstanding. Usually, the executor allows one month from date of advertising for creditors to contact estate and prove their debt. There are also actions to take for obtaining probate (validating the will from court). Potential, but unprovided for or insufficiently provided for, beneficiaries also get time under statute to dispute existing beneficiary shares. Hence, it is not unusual for distribution to take place 6-12 months from the date of death.
     
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  3. winston wolf

    winston wolf Well-Known Member

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    You can get a copy of the will at any time (you may be asked to pay a copy fee)
    The copy of accounts is normally provided when the estate distribution is complete or near complete.
     
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  4. TCtjh

    TCtjh Member

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    Thank you Tracey. This is helpful.
     
  5. TCtjh

    TCtjh Member

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    Thank you Winston this is helpful. Do you think I am within my rights to ask for accounts before distribution?
     
  6. winston wolf

    winston wolf Well-Known Member

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    What the executor shares with you is up to them. Unfortunately giving too much information too soon can create expectations that don’t come to pass once all the accounts are worked out.
    Hopefully they can balance transparency(not required) with the other demands.
     
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  7. TCtjh

    TCtjh Member

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    Thanks again Winston, much appreciated.
     

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