Estate Administration & Disputes

Our Practice

Shand Taylor Lawyers understands that the immediate task of dealing with the deceased estate can be daunting.  The advent of modern business and trust structures, increased personal wealth and the modern family nucleus often leads to complex and unique estates.  We can assist with all aspects of managing and administering these estates.

When a person dies, we can act for executors in obtaining a grant of probate or administrators in obtaining a grant of intestacy.  Even if the Will only partially distributes the estate or the Will is informal, we can work through these unique matters with you and advise on the appropriate path in terms of dealing with the estate.

In addition to being able to assist with a grant of probate and letters of administration on intestacy, we can also help executors or administrators (as the case may be) in collecting estate assets from various institutions and liaising with the estate's creditors where appropriate.  If there are estate assets overseas then we have the experience to assist in resealing the grant of probate or obtaining a fresh grant of probate.  We can advise in relation to the deceased's business affairs, partnership interests and related entities, including his or her family discretionary trusts and private companies.

Our team also has vast experience in advising executors on disputed estates and indeed on acting for claimants in disputes over an estate.  Whether the dispute is in relation to the interpretation of a Will, the conduct of the executor/trust affairs or the lack of provision in a Will, we can assist with litigation (including family provision applications) and associated issues (including construction of wills and, by extension, construction of trust deeds and the rights of a trust beneficiary).

Our Expertise

We regularly assist clients with the following:

  • collecting estate assets including superannuation and the transfer of property
  • obtaining probate or letters of administration
  • grants of administration in solemn form
  • liaising with beneficiaries, estate creditors and tax advisors
  • advising on the rights of trustees and beneficiaries
  • family provision applications
  • will construction applications
  • will disputes

Our Team

Please refer your enquiries to: 

Brad Clark, Partner
(07) 3307 4527
bclark@shandtaylor.com.au 

Kaylie Bourke, Special Counsel
(07) 3307 4548
kbourke@shandtaylor.com.au