When there is a death in the family, there are legal issues which need to be attended to...
MJ Law Practice can assist.

If the deceased left a Will

If the deceased left a Will, it will nominate an Executor to look after and administer the estate until the assets can be distributed in accordance with the wishes of the deceased.

If there are substantial financial assets, financial institutions will require a Grant of Probate from the Supreme Court of Queensland (proving the Will) before accepting instructions from the executor.  

An executor's role includes safeguarding all valuables and assets, paying/collecting any debts, notifying all relevant institutions such as banks, Centrelink etc., selling/transferring any real estate or shares, setting up any trusts (is necessary), submitting tax returns, notifying all beneficiaries, and distributing the estate in accordance with the Will.

If the executor can not, or does not wish to act in the role, they may appoint a solicitor to administer the deceased's estate

MJ Law Practice can assist Executors with any or all of the following:

  • Probate applications
  • Deceased estate administration
  • Transfer/sale of real estate


If the deceased is Intestate (did not leave a Will)

If the deceased did not leave a Will, or if the Will was invalid (e.g. if the person married or divorced after the Will was made), an Administrator must be appointed to look after the assets and administer the estate until the assets can be distributed in accordance with Intestacy Rules.

An Administrator (usually the spouse or a close relative of the deceased), is appointed by making application to the Supreme Court of Queensland for Letters of Administration (authority to deal with the deceased's estate).

An administrator's role includes safeguarding all valuables and assets, paying/collecting any debts, notifying all relevant institutions such as banks, Centrelink etc., selling/transferring any real estate or shares, setting up any trusts (if necessary), submitting tax returns, determining who are beneficiaries under Intestacy Rules and distributing the estate accordingly.

If no-one in the family wishes to take on the role of administrator, they may appoint a solicitor to administer the deceased's estate.

MJ Law Practice can assist the family of an intestate person with any of the following:

  • Applications for Letters of Administration
  • Deceased estate administration
  • Transfer/sale of real estate