We have prepared the most frequently asked questions about contesting Wills in Queensland and have listed them below. If you would like to ask specific questions, please contact me.
Table of Contents of This Page
- What is a Will?
- What is Probate?
- What is a Testator?
- What is a Testatrix?
- What is a Beneficiary?
- What does Intestate Mean?
- What Happens if Someone Dies Intestate?
- What Happens if a Person Dies Intestate, and Their Family Does Not Apply for Letters of Administration
- What is a binding death benefit nomination?
- What is a protective trust?
What is a Will?
A will is a legal document that a person writes that contains their instructions with what to do with their assets after they die.
What is Probate?
More accurately described as a Grant of Probate, is a document issued by a court authorising the executors to proceed with the instructions of the testator or testatrix that are contained in the will. Predominantly, this will mean to distribute the assets of the estate to the beneficiaries.
What is a Testator?
A testator is a male person who writes a Will.
What is a Testatrix?
A testator is a female person who writes a Will.
What is a Beneficiary?
A beneficiary is a person named in a will as someone who will receive some or all the estate of the deceased.
What does Intestate Mean?
Intestate refers to when someone dies without a Will?
What Happens if Someone Dies Intestate?
The family of the deceased may make an application to the Court for a grant of letters of administration, which will allow them to control the estate of the deceased.
What Happens if a Person Dies Intestate, and Their Family Does Not Apply for Letters of Administration
The estate of the deceased will be managed by the Public Trustee.
What is a binding death benefit nomination?
A binding death benefit nomination is where a person nominates who their superannuation is to be left to when they die.
What is a protective trust?
A protective trust is a legal relationship created by a will that comes into effect when the will maker dies. These trusts are usually to protect vulnerable people such as children, people with impairments or disabilities who are not be able to manage their affairs. A typical example is where a testator leaves his wealth on trust, to be distributed to his children over a specified period of their lives.