Queensland Probate and Letters of Administration | Brisbane Law Firm

GRANT OF PROBATE

Answers to some of our frequently asked questions...

WHAT IS A GRANT OF PROBATE?

A Grant of Probate is an official document issued by the Supreme Court of Queensland confirming that the Executor named in the Will has the right to administer the estate.

Organisations may require a Grant of Probate before discussing the affairs of the deceased or releasing the deceased’s assets to the Executor.

HOW DO I OBTAIN A GRANT OF PROBATE?

We will prepare a compliant notice of intention to apply, advertise in particular publications, effect service on the Public Trustee, draw-up affidavit material and apply to the Supreme Court of Queensland on your behalf.

We will also respond to any challenges against your application, address any deficiencies in the Will or concerns regarding lack of capacity of the deceased.

WILL MY FINANCIAL INSTITUTION REQUIRE ME TO OBTAIN A GRANT OF PROBATE?

Whether Probate needs to be obtained depends on the policy of the financial institutions. All financial institutions have different policies and monetary limits in respect of the requirement for Probate.

Sometimes, even though the amount held by the financial institution may be in excess of the amount normally released without Probate, the requirement may be waived if the circumstances of the estate administration are straightforward.

DO I REALLY NEED A GRANT OF PROBATE?

If an Executor elects not to apply for Probate, they leave themselves exposed to a claim by disappointed beneficiaries if it is established that the Will which they are relying upon is in fact not the last Will of the deceased. The risks should be fully explored before a decision is made.

TIPS

DON'T take off any staples or bindings on the Will

DON'T attach your own staples or bindings to the Will

DON'T make any markings on the Will (EVEN if fixing typo's in pencil)

DON'T attach any 'Post-It' notes to the Will