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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44870
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am in QueensIand. I just wanted to know where I stand. My

Customer Question

Hi Pearl
JA: What state are you in? It matters because laws vary by location.
Customer: 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.
JA: What documents or supporting evidence do you have?
Customer: 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.
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

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.

Expert:  Leon replied 1 month ago.

Is she going to contest the will?

Customer: replied 1 month ago.
Not that I know of
Expert:  Leon replied 1 month 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

Customer: replied 1 month 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.
Expert:  Leon replied 1 month ago.

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

The supreme court of QLD.

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.

Customer: replied 1 month 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.
Expert:  Leon replied 1 month ago.

Good Afternoon

That is correct.

Customer: replied 1 month ago.
Thank you Leon. You have helped me. I will now put my foot down and get this thing sorted out.
Expert:  Leon replied 1 month 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.