HELPFUL TIPS FOR EXECUTOR/S

A loved one has died and you have been appointed executor of his or her estate.  You are grieving and don’t know what the next steps are.

Here is a suggested list of who you may need to contact when it comes to administering a deceased person’s estate:-

  • Accountant
  • Ambulance Services
  • Australian Tax Office
  • Banks/Building or Friendly Societies/Credit Unions
  • Chamber of Commerce
  • Church or Religious Organisations
  • Clubs, Organisations and Associations, Libraries
  • Companies (eg. Directorships)
  • Department of Social Security/Centrelink
  • Department of Transport- Car Registration
  • Department of Veteran Affairs
  • Doctors, Specialists, Hospital, Dentist or Chemist
  • Electoral Office/ Local Government for Rates Etc.
  • Employer/Former Employer
  • Financial Institutions /Loan Companies/ Credit Card Providers
  • Home Appliance Rental
  • Home Delivery Service- Newspapers, Milk, etc
  • Home Nursing Services or Meals on Wheels
  • Household Help, Gardening Services
  • Insurance- Life, Accident, Home or Vehicle
  • Justice of the Peace
  • Medicare/ Health Benefits Fund
  • Phone, Mobile, Internet, Electric and Gas Companies
  • Post Office for Mail Delivery
  • Schools, Universities or Colleges
  • Service Organisations: RSL, Lion, Red Cross, Rotary, etc
  • Solicitor and/or Public Trustee
  • Superannuation Companies
  • Trade Unions or Professional Associations

Documents You Need To Settle Outstanding Property Matters

After you separate and before negotiations can commence to settle property matters you will need your former spouse or partner to provide you with all relevant information regarding the value of the assets and liabilities, and his or her financial position.

The Family Law Rules provide that parties have a legal obligation to provide the details of all relevant financial information and documentation that is or has been in the possession, or under the control of the party disclosing the document  and is relevant.

Therefore you will need to request copies of the following types of documents:

  1. Three market appraisals  (from three different real estates) in relation to any real property that is owned solely or jointly with any other person;
  2. A market appraisal and full description of all motor vehicle/s or vessels owned;
  3. A market appraisal of any other asset owned;
  4. Taxation returns and assessments for the three (3) most recent financial years;
  5. Superannuation documents for superannuation interests;
  6. In relation to any business, company, corporation, partnership or trust you will need financial statements for each, tax returns and assessments, bank statements or other financial institution statements of account (credit and debit) for the three (3) most recent years; a copy of any trust deed, corporate constitution or partnership agreement;
  7. In relation to liabilities (debts) including but not limited to home loans, vehicle loans, personal loans, credit cards or any other loan, loan account statements for the three (3) most recent years, loan document or contract, loan application form for each debt;
  8. Documents regarding financial contributions (including value of assets) made by you at the commencement of cohabitation, inheritances/ gifts or any compensation payments received during cohabitation or expected to be received in the future, any purchase or disposal of property in the 12 months prior to and since separation, any increase or reduction of liabilities since separation;
  9. A list of all bank accounts (or credit union/ building society accounts), details of account numbers, passbook and bank statements for the three (3) most recent financial years, and current balance of each account, records of any investments (stocks or shares), details of any social security pension or payment details, details/ records of any long service leave accrued, records relating to life assurance or disability insurance;
  10. List any other relevant documentation.

Can you dispute a Will?

Do you consider you should have received an inheritance or were treated unfairly in a will?

If so, you may be entitled to make a claim against the estate under the Succession Act 1981 (QLD).

Under the Act, the following categories of “eligible persons” are entitled to challenge a will and seek further provision from the Estate:

  • A Husband or Wife of the deceased person;
  • A de facto spouse of the deceased person provided that person was living together as a couple on a genuine domestic basis for a continuous period of at least 2 years as at the date of the deceased person’s death;
  • A child of the deceased person (including an adopted child or step-child);
  • A former spouse of the deceased person. For instance, a separated spouse who is not yet divorced and was continuing to receive maintenance from the deceased person; or
  • A person who was wholly or substantially maintained by the deceased person, who was a parent of the deceased or a parent of a child under 18 years of the deceased person or a person under 18 years of age.

In Queensland there are time limitations in which an eligible person may challenge a will:

  • An eligible person has an obligation to notify the Executor of their intentions to challenge the will within 6 months from the date of death;
  • If the matter cannot be resolved through negotiations, then the eligible person must file and serve court proceedings on the Executor within 9 months from the date of death;
  • If the eligible person does not comply within those time limits, then they may be prevented from contesting the Estate without first obtaining the Court’s permission to institute legal proceedings, which is very difficult to obtain and only granted in exceptional circumstances.

We are offering a 10% discount on our professional fees for new clients during December 2018. Call us now on (07) 3278 1888 for a FREE no obligation quote and initial advice.

What should I do if my Builder goes into liquidation?

You might find yourself in a situation where you have engaged a builder to carry out work at your home, but before the work has even begun or is completed the builder goes into liquidation.  You have no idea what you should do.

Here are a few simple steps for you to consider………

Seek Legal Advice

To protect your interests, and BEFORE taking any steps you should obtain legal advice as to your options.

Make contact with the Liquidator

The Liquidator may be able to assist you in some cases in advising possible options.

QBCC’s Dispute Resolution Process

For residential construction work you may be able to resolve your complaint via the Queensland Building and Construction Commission resolution process.

Assistance under the Queensland Home Warranty Scheme

If you are not able to satisfactorily resolve your complaint under the QBCC’s resolution process, you may be eligible for assistance under the warranty scheme.

As part of the building process your builder should have arranged insurance for the construction for which you may be able to lodge a claim.

Strict Time Limits

These apply to some claims so make sure you do not delay in seeking advice otherwise your claim may be prejudiced.

Solicitors at Hogan Stanton Lawyers have been successful in obtaining satisfactory outcomes for clients who find themselves in this unfortunate situation.

How should I prepare for my first appointment with my Solicitor to discuss property settlement?

The weeks and months after a separation has occurred can be very stressful and may leave you unsure where to turn. The solicitors at Hogan Stanton Lawyers are here to help you with the crucial next steps.

Once you have decided that you want to speak to us for advice it can be difficult to know how you should prepare for that first meeting so that you get the most out of your initial appointment and we have all of the information available to advise you.

When attending an initial appointment with Hogan Stanton Lawyers the first questions we will ask you are the key dates of the relationship including the date you started living together, the date you were married (if applicable), the date you separated and crucially if you were married and are now divorced, the date the Divorce Order became effective. This is important because we will need to identify the time limit for filing an Application for Consent Orders or an Initiating Application with the Courts.

We will also need to know if there are any children of the relationship and, if so, their full names, date of birth, current age and who they live with / what arrangements have been made for both parents to spend time with the children.

We will then run through the history of the relationship requesting information which includes but is not limited to:

  1. Both parties assets at the commencement of the relationship;
  2. Both parties employment histories, including periods of unemployment and maternity or parental leave and salaries (if known);
  3. Details of any properties purchased during the relationship including how the deposit and stamp duty was paid and how the balance of the purchase price was paid;
  4. All assets including superannuation, currently owned by the parties either individually / jointly / through businesses and / or trusts. It is important to identify as many of those assets as you can and to try and estimate a value for them or obtain a Valuation;
  5. All liabilities currently owed by the parties individually / jointly / through businesses and / or trusts;
  6. Both parties’ non-financial contributions which includes your individual roles caring for the children, home maintenance and care and homemaker duties;
  7. Whether there have been any windfalls during the relationship including inheritances, redundancies, TPD payouts, personal injury compensation payouts, lotto winnings etc.;
  8. Both party’s current health, living arrangements and employment.

We will then explain to you about how the Court will determine how the asset pool should be divided taking into account the length of the relationship, financial and non-financial contributions and each parties future needs.

We will also explain how the matter can be finalised by either filing an Application for Consent Orders in the Family Court of Australia or an Initiating Application in the Family Court of Australia or Federal Circuit Court of Australia depending upon your individual circumstances and whether or not an agreement has or can be agreed.

It may be possible to provide you with an initial estimate of how the pool could be divided by the Courts, but it is likely that we will need both parties to provide their full and frank financial disclosure before confirming that advice.

Before you attend your appointment with us you should have a think about the answers to the above questions so that you can provide us with the information we will require.

It may also be helpful to write down your answers and also to print out copies of your financial statements etc. so that you have these to hand at your initial appointment. If you own property either on your own / jointly / through businesses and / or trusts you should consider how much you think the property would be valued at and what you owe in relation to each item.

If you are looking for family law advice about financial/property and / or children’s issues please give Hogan Stanton Lawyers a call to schedule an appointment at your earliest convenience.

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