Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 5 hours by:
2/18/2012
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedIn NSW, When a claim is made on an Estate does the role of the Executor become one of caretaker until the Court gives Judgement?
Effectively, yes.
If a claim is made on the estate, the executor should not distribute the assets until that claim is resolved.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Effectively, yes.
If a claim is made on the estate, the executor should not distribute the assets until that claim is resolved.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Morning,
The Role the Executor is to protect the estate for the benefit of the beneficiaries.
If there is a claim against the estate then the executive's role is to defend against that claim to try and retain the assets for the beneficiaries. The executor stands in the shoes of the deceased and can do everything that the deceased would have been able to do had they been alive.
If it is more prudent to reach an agreement and settle with the applicant then that is what the executors should do. The reason I say this is because the costs of the applicant and the executor are all deducted from the estate.
Depending on what the application is the executor may be able to distribute part of the estate. In order to do this they would be best to obtain an order from the court that a certain share of the estate can be distributed and then the balance to be held in trust until the matter is finalised with the applicant.
Generally speaking if there is a dispute no assets are distributed that they are held until the matter is finalised by the court.
If the estate has been liquidated then all the funds are usually placed in interest-bearing accounts until the end of the court proceedings.
I hope this is of assistance and if so please click on the accept button.
Good Afternoon,
Sent a link is incorrect. The legal owner of the property when the property was in his name is XXXXX XXXXX the estate. This can be shown by providing centre link a copy of the transmission application that was lodged and it would clearly show that he was the executor.
Once the property was then transferred out of his name as executor to the names of the 3 beneficiaries then they became the lawful owners.
Generally executor should hold onto the estate until the period of time for claims to be lodged has passed. In New South Wales It is 12 months from the date of death.
The fact that he had distributed the property does not in any way indicate that he was the owner.
He should have enough evidence in the transmission application to show that he was not the beneficial owner of the property and that he was only holding it as executor.
If he was one of the beneficiaries them from the date he retained a share of the property as beneficiary then he should have disclosed this to Centrelink.
Again my apologies for the questions but I needed to get down to the bottom of how the property was transferred so that I can provide you with the information.
I hope this is of assistance and if so please click on the accept button.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
I am an executor of a will and would like to know if any
I am an executor of a will and would like to know if any beneficiary of a will owes the Child Support agency any money, does the Child support agency expect that money to be repaid from the beneficiar… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
As power of attorney can real estate be sold if the owner is
As power of attorney can real estate be sold if the owner is mentally incapacitated and in a home once registered to do so? … read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
There is a dispute over my late husband's will. Queensland.
None .My husband has left his estate to me on the promise I leave my will entitling on my death the rest is divided into a third to each of his sons and the other third divided to my children.one of the sons said he is going to contest the will,so I need advice on what to do … read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
My father died many years ago in NSW and my brother was
My father died many years ago in NSW and my brother was appointed Administrator of his estate. My sisters and I wish to sell the property and share the proceeds but my brother is reluctant. How do we … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
The Executor of my mother in laws estate, has failed to
The Executor of my mother in laws estate, has failed to disclose money found inside the home and also has sold household items. No mention of this was included the "distribution letter" received. Can … read more
James D. Ford
Solicitor
1,600 satisfied customers
What if an Executor refuses to handover the last bank statement's
What if an Executor refuses to handover the last bank statement's of the deceased or the date of death tax returns to the beneficaries? This Estate is in NSW.… read more
James D. Ford
Solicitor
1,600 satisfied customers
I am a 1/10 benficiary in a NSW will with 5 other siblings
I am a 1/10 benficiary in a NSW will with 5 other siblings (each 1/10 share) and an elderly step mother (4/10). The Estate is my father's who died in 2013. The Executors are the Stepmother, (whose son… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
Beneificiary of deceased estate. 1. Does money held in trust
Beneificiary of deceased estate. 1. Does money held in trust by a lawyer in QLD for distribution to beneficaries at a later date, say over 6 months after receival on money into the trust earn interest… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
Have just received an e-mail from the executor to say she "has
Have just received an e-mail from the executor to say she "has taken some time to find a way around the problem that I cannot make the final distribution until the end of this financial year". The wil… read more
James D. Ford
Solicitor
1,600 satisfied customers
I have been told that it is possible for an executor of an
I have been told that it is possible for an executor of an estate to apply to the Supreme Court for an order which will instruct another executor to act on a particular matter. This order is issued un… read more
James D. Ford
Solicitor
1,600 satisfied customers
Morning Just going back to some previous questions I need
Morning Referring back to previous correspondence, I need some clarification. As previously mentioned, placing the deed in the beneficiaries name x 3, firstly is there any cost involved and can the mo… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
NSW PRE-PROBATE: Dispute I am the co-executor with my brother
NSW PRE-PROBATE: Dispute I am the co-executor with my brother to my mothers estate. DOD 17.2.13 - the only 2 beneficiaries in equal share. Estate value approx $320k No online application has been made… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
Re: Probate Law New South Wales. My father died on 5th March
Re: Probate Law New South Wales. My father died on 5th March 2012. At the time of his death he was a 1/3 shareholder/director in 2 Companies. Are the other 2 shareholders/directors of these companies … read more
Patrick H.
Lawyer
5,422 satisfied customers
My daughter is the only natural child of my ex-husband (deceased)
My daughter is the only natural child of my ex-husband (deceased) . His will is dated 1997 when my daughter was 8. His eldest step daughter was appointed as executrix and she, her sister and my daught… read more
Patrick H.
Lawyer
5,422 satisfied customers
Hello my ex and I have a family trust set up where due to a
Hello my ex and I have a family trust set up where due to a court order we are both about to become Trustees and Appointors of. The beneficaries are our two children. Prior to this I was the appointor… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
I am involved in a will dispute. My mother died on the 23/3/2009.
I am involved in a will dispute. My mother died on the 23/3/2009. There are 3 executors and I am one. One of the executors is going to contest the will. I'm expecting a summons in a week or two. No on… read more
D. Coleman
Solicitor
Bachelor's Degree
795 satisfied customers
Hello. My sister is the executor of my brothers will. The
Hello. My sister is the executor of my brother's will. The estate has been finalised but she is delaying distributing funds to myself and my parents without reason. Despite the will stating that his w… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
What do you do, or who do you see, if you know a will is not
What do you do, or who do you see, if you know a will is not being carried out correctly ,it has been contested that the deceased was under a lot of medication at the time of signing, and did not know… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
52,712 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
