Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I am in QueensIand. I just wanted to know where I stand. My…

Customer Question
I am in QueensIand...

I am in QueensIand. I just wanted to know where I stand. My Partner passed away last year and the estate has been passed through probate by the end of last year. The lawyer dealing with the estate has just received the balance of funds to the estate from Insurance and Super. Now my partners daughter is stopping the disbursement on the funds because her lawyer has a potential professional negligence claim against this firm that wrote the will, which is the same firm that is dealing with the estate. They have not filed anything in court. My question is can the firm that is dealing with the estate hold disbursement with out anything going through court.

Lawyer's Assistant: What documents or supporting evidence do you have?

What do you need. I have a copy of the will and all information since the death. I am also one of the Trustees on the will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I am now in a position of hardship due to the time period that this has taken. As the home is still Mortgaged and have not been able to keep all payment up.

Submitted: 9 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 16 minutes by:
9/14/2017
Solicitor: Leon, Solicitor replied 9 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,573
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 9 months ago

Is she going to contest the will?

Ask Your Own Australia Law Question
Customer reply replied 9 months ago
Not that I know of
Solicitor: Leon, Solicitor replied 9 months ago

They should distribute the estate if she is not contesting. In QLD challenge a will they have 6 months form the date of probate and if that has passed they are out of time

Ask Your Own Australia Law Question
Customer reply replied 9 months ago
I have already paid $98.00 and are not in a position to pay any more. Can I check when the probate was finalised.
Solicitor: Leon, Solicitor replied 9 months ago

Yes you can call the court and ask when probate was granted.

The supreme court of QLD.

http://www.courts.qld.gov.au/

That is the date that the time starts to run.

If they want to alledg the solicitor that drafted the will was negligent it has nothing to do with the estate. That would be the solicitors insurance that would deal with that.

They cannot expect compensation from the estate.

Ask Your Own Australia Law Question
Customer reply replied 9 months ago
Just so I am sure of everything. Probate was granted on 04/08/16 so there is no reason for the solicitor to hold up the disburstment of the estate unless there is a court order. Am I right in stating that.
Solicitor: Leon, Solicitor replied 9 months ago

Good Afternoon

That is correct.

Ask Your Own Australia Law Question
Customer reply replied 9 months ago
Thank you Leon. You have helped me. I will now put my foot down and get this thing sorted out.
Solicitor: Leon, Solicitor replied 9 months ago

Good Afternoon

Unless they have filed to contest the will there is no reason why they solicitor should hold onto the estate.

If you are the executor you have control

All the best and good luck.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,573
46,573 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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.
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!

Gary B.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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.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!!

ElaineAtlanta, 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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,573 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I bought an car from interstate "western australia" im from
Hello i bought an car from interstate "western australia" im from south australia adelaide so for me to beable to regsteir it here i had to get an id check when i had taken my car to the id station th… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
We are a tech startup which has basically an online
Thank you, ***** ***** a tech startup which has basically an online directory. To launch we are looking at doing what Google and others have done with business listings, in adding businesses and allow… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I'm a descendant of Godwinson how do I challenge the current
I'm a descendant of King Harold Godwinson how do I challenge the current Royal family line of succession. … read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
We have bought Professional Indemnity Insurance through a
We have bought Professional Indemnity Insurance through a broker. Do we have to pay in full the broker fee they charge or can we pay only some of it. Ann … read more
Leon
Leon
Solicitor
46,573 satisfied customers
I loaned a so called friend $3000 over 3 years ago with the
I loaned a so called friend $3000 over 3 years ago with the promise of repayment within 6 months. Repeated emails. phone calls and a home visit have brought no response. My last email indicated I woul… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I have just have a solar connected thru origin. how do i
i have just have a solar connected thru origin. how do i know they are giving me a right deal … read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I was scammed on 1/6/June 2018 where I unwittingly gave them
I was scammed on 1/6/June 2018 where I unwittingly gave them my account details. I phone the bank as soon as I realized what I had done. They have asked me to do an Acorn report, which this is part of… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I renewed my lease in February (after 2 years) requesting
Hi - I renewed my lease in February (after 2 years) requesting from the Landlords Agent a six month lease. Documents were signed and a copy of the lease emailed to me from the Landlords agent advising… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
If my car runs into my home and does structural damage am I
If my car runs into my home and does structural damage am I correct in thinking the comprehensive insurance policy of my car will deal with both damages to the car and the house. Also I have been info… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
How often does the empolyer have too put salary sacrifice in
How often does the empolyer have too put salary sacrifice in too there super fund ? over the last 8 months i have put a lot in but there has been little put in . … read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I was sexually abused by my cousin when i was 4 by my 16year
I was sexually abused by my cousin when i was 4 by my 16year old cousin i wa later raped when i was 21 resulting in obortion i have PTSD due to the events and the phycosis that comes with having paren… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
My car got some oversprsay on it damages around $1000.00. I
My car got some oversprsay on it damages around $1000.00. I tried to call the contractor where we stay overnight he hang up 3 times and say he is not going to pay it. We phoned then the bodycorporayte of the building they said contractor is responssble for it. So its backwards and forwards. Can you please assist me on this. … read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
Going through a custody case atm and my ex has now thrown in
Hi going through a custody case atm and my ex has now thrown in paternity. we are waiting for dna to come back as interim orders were adjourned until result comes in. My baby is 2 yrs old and i was a … read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
My fiancé and I had a very sever fight a couple months ago,
Hi there. My fiancé and I had a very sever fight a couple months ago, where she assaulted me and I called the police to prevent myself (the Male) from retaliating and hitting her back. Now the police … read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I'm self-represented and require clarification with a
I'm self-represented and require clarification with a special leave to appeal notice to the high court on the following: A concise statement of the leave or special leave questions said to arise. What… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I'm looking to grab some advice on a personal training
Hey, I'm looking to grab some advice on a personal training course contract that I have to pay out for but I never actually started it. I still owe $6075 that needs to be paid but it just doesn't seem right that I have to pay for a course that I never actually started although I signed the contract. I set everything up to start the course and just as the course was about to start I realised that the timing of this course wasn't right for me so I didn't want to continue. Is there some way that I can get out of this problem? … read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I have had an issue with Go Master card. Yesterday I
Hi Pearl, I have had an issue with Go Master card. Yesterday I received a letter of dishonour. Last month I I set up a new bank account I had drafted a letter to all of my direct debit company's. When… read more
John Melis
John Melis
Diploma In Law
3,043 satisfied customers
I had/have an auto credit card payment for a web domain
I had/have an auto credit card payment for a web domain registration. Do they need to notify me each year before payment is made … read more
John Melis
John Melis
Diploma In Law
3,043 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 (last updated February 8, 2012).

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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x