Are You a Beneficiary?
Depending on the kind of gift you are to receive, you are entitled to obtain information from the person administering the estate.
Generally you have the right to insist on a prompt and proper estate administration, but keep in mind that the process could easily take a year or so. It is not often sensible for an executor to distribute estate funds too quickly, and certainly not before 6 months have passed since the date the person died. Within this time the executor should still preserve estate property, and perhaps invest funds or continue investments, so that the value of the estate is not unduly depleted.
You are entitled to receive a copy of the Will.
You might be requested to formally prove your identity, and it is common for you to be provided with various types of paperwork to sign and return.
Usually it is best to allow an executor a reasonable opportunity to administer the estate before becoming insistent on receiving your gift. However, during this time you are entitled to ask reasonable questions about the estate administration, what you can expect to receive, and when. Your Lawyer will know what sorts of questions are reasonable.
It is unusual for an executor to behave so poorly that they are removed from the role, but if you are concerned about an executor’s behaviour then you are entitled to obtain professional advice and perhaps commence a court action.
Should You be the Beneficiary of a Will?
You should see a Lawyer immediately if you think that you should have received something from a deceased person’s Will, either as:-
· an inheritance, or
· repayment of a loan or other obligation, or
· for any other reason.
There are applicable time limits, and possibly a number of options for you.
It is important that you do not wait too long, because even if you are still within the time limits, the executor may distribute the estate quickly.
You should not make a decision ‘to wait’ or ‘do nothing’ without seeing a Lawyer about your rights, your obligations (if any), and applicable time deadlines. Do not take advice from acquaintances, as they could be wrong, out of date, or referring to laws which apply interstate.
You should meanwhile continue to check local, state and national newspapers for any notice that the executor of the estate is applying for a Grant of Probate, or is intending to distribute the estate.
Similarly ... you should seek advice from a Lawyer immediately if you think that the deceased person did not properly understand what they were doing when they signed their Will, or if you think that someone else forced them to write their Will in a certain way.
*Please note that this page provides preliminary information only and is not intended to provide advice. This information is specific to Queensland
