Deceased Estates
Your Leading Deceased Estates Lawyers
Here to help
In the event that a loved one has passed away, the solicitors at Macrossan & Amiet have the skills and experience to assist you in the administration of the deceased’s estate. Our experienced team are very understanding and supportive of clients during this time and are proficient in dealing with the process of estate administration to collect in the assets of the deceased, arrange for the sale of any assets, liaise with Accountants and Financial Planners to ensure that everything is performed in a timely and efficient manner. We work closely with Executors and beneficiaries to ensure that we meet their expectations with respect to the administration of the estate.
Estate Administration with a Will
If you are the Executor of your loved-one’s Will, you will be called on to make some important decisions. It will be your responsibility to administer the deceased’s real, personal and intellectual property in accordance with the terms of the Will and to distribute the assets to each of the beneficiaries.
Estate Administration without a Will
If a person dies without a Will, this is called an Intestate estate. Many people think that if you die without a Will that the money will go to the Government. That is not the case, and the estate will be distributed in accordance with the Succession Act 1981. We can assist you to work out who will be best to administer the estate and ensure that the estate is distributed to the rightful beneficiaries.
It may be necessary to apply to the Court for a Letters of Administration on Intestacy in order to administer the estate and our experienced team can assist you in all aspects of estate administration.
Estate Disputes
Also when a deceased person passes away, a dispute may arise. Estate Disputes may occur if any of the following happens:-
- If someone has been left out of the Will or considers the terms of the Will unfair;
- If someone contests the intentions of the deceased;
- If someone challenges the entitlements of the beneficiaries; or
- If the Will or estate is challenged in any way.
In these cases the right legal advice can be critical. The solicitors at Macrossan & Amiet can advise clients on all matters in both a timely and compassionate manner.
Sometimes despite the best intention of the deceased, at the time of their death, the deceased’s Will may not reflect their current wishes. Family members who feel they have not received their correct entitlement under a Will can feel stressed and anguished. We can assist and advise you on these matters and ensure that you receive your rightful inheritance.
If you are intending to make a claim for further and better provision under an estate, in accordance with relevant legislation, there is a timeframe of 6 months after the death of the deceased in which you must lodge notice of any proposed claim. Our expert legal team can advise and guide you through this process.
work with us
How the Process Works
1
Initial
Consultation
We begin by understanding your situation, reviewing relevant documents and identifying your objectives. You’ll receive clear, practical advice about your options and the best way forward.
2
Strategy &
Preparation
We begin by understanding your situation, reviewing relevant documents and identifying your objectives. You’ll receive clear, practical advice about your options and the best way forward.
3
Representation &
Action
We act on your behalf, whether that involves negotiations, formal applications, dispute resolution or court appearances, ensuring your interests are protected at every stage.
4
Resolution & Next
Steps
We work toward a timely and practical resolution. Once your matter is finalised, we provide guidance on any follow-up steps to protect your ongoing legal and commercial position.
why choose us for your next Deceased Estates matter
Experienced Team of Leading Lawyers
Our solicitors bring experience across a broad range of practice areas, allowing us to deliver informed, strategic advice tailored to each client’s situation.
Outcome-focused approach
We focus on achieving practical, cost-effective outcomes, whether through negotiation, structured advice or court representation.
Clear, Upfront Communication
We provide honest advice about your options, risks and costs so you can make informed decisions with confidence.
FAQs
What is a deceased estate?
A deceased estate comprises all the assets and liabilities left behind by a person who has passed away. This may include property, bank accounts, shares, personal belongings, and any outstanding debts. The estate is managed and distributed according to the deceased’s will or, if there is no will, in accordance with the laws of intestacy.
What is the role of an executor in a deceased estate?
An executor is the person appointed in a will to administer the deceased’s estate. Their responsibilities include collecting assets, paying debts and taxes, and distributing the remaining assets to beneficiaries as specified in the will. Executors have a legal duty to act in the best interests of the estate and its beneficiaries.
What happens if someone dies without a will?
If a person dies without a valid will, they are said to have died intestate. In such cases, the estate is distributed according to the intestacy laws of the relevant state or territory. Typically, this means the estate will be distributed to the deceased’s next of kin, such as their spouse, children, or other relatives. An application to the Supreme Court of Queensland may need to be made for Letters of Administration to allow the estate to be administered.
How long does it take to finalise a deceased estate?
The time required to finalise a deceased estate varies depending on its complexity and the steps required. Factors such as the size of the estate, the number of beneficiaries, the presence of disputes, and the need to obtain probate can all affect the timeline. On average, it may take several months to over a year to complete the process.
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