Estate Administration & Disputes

Our Practice

Shand Taylor Lawyers understands that the immediate task of dealing with a deceased estate can be daunting.  The advent of current-day business and trust structures, increased personal wealth, self-managed superannuation 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 Letters of Administration if the person died intestate.  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.  We have experience in dealing with estates with international assets or where the deceased lived abroad but has local assets to be dealt with.  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 in acting for claimants in disputes over an estate or a trust.  Disputes can arise in relation to the interpretation of a Will or a trust, the conduct of the executor or a trustee, a beneficiary’s queries about trust affairs, where a party claims they have not received adequate provision in a will or where a will-maker did not have the requisite capacity to make 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