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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. *Please note that this page provides preliminary information only and is not intended to provide advice. This information is specific to Queensland |
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Solicitor & Accredited Specialist, Succession Law Sunshine Coast, Queensland. Phone: (07) 5476 6709 info@meherasaunders.com.au Mobile: 0457 966 955 All mail to: PO Box 1978, Buderim QLD 4556 © Copyright – This page cannot be reproduced in whole, or in part, without my permission |
