All FAQs (Helpie FAQ)

Executor’s commission is usually paid once the estate has been fully administered. If the commission requires court approval, the process may take longer as it involves a formal application and a potential court hearing.

Yes, beneficiaries can challenge the executor’s commission if they believe it is excessive or unwarranted. In such cases, the matter may need to be resolved in court, where the executor will need to justify the commission based on the work they have performed.

Yes, executor’s commission is generally considered taxable income. Executors must report the commission on their personal tax returns and may need to pay income tax on the amount received.

Yes, an executor can claim commission even if they are a beneficiary, but they must be able to show that they took on significant duties beyond what a beneficiary would typically do. Beneficiaries may still challenge the amount or the necessity of the commission.

No, not all executors receive commission. If the executor is a close family member or a major beneficiary, they may choose to waive their right to commission, or it may not be necessary to apply for one if they are already receiving a substantial portion of the estate.

No, superannuation is typically not part of the estate unless the deceased has nominated their legal personal representative to receive the benefit. It is often directly to dependents or nominated beneficiaries.

In some cases, superannuation nominations can be challenged, especially if there is a dispute over the deceased’s dependency relationships or the validity of the nomination. Superannuation disputes are typically handled by the superannuation fund trustee or by court intervention.

Life insurance is a separate contract between the deceased and an insurance provider, while superannuation death benefits come from the deceased’s superannuation fund. Life insurance payouts are directed by the policyholder’s nominations, while superannuation death benefits follow the rules of the super fund, including nominations and trustee discretion.

The tax treatment of superannuation death benefits depends on the recipient. Spouses, children under 18, and financial dependents often receive the benefits tax-free. Non-dependents may be subject to tax on certain components of the benefit.

In rare cases, life insurance proceeds may be contested if there are disputes over the validity of the beneficiary nomination or if the policyholder was under undue influence. Such disputes are usually resolved through legal action.

If the deceased did not leave a will, the estate is managed under Queensland’s intestacy laws. In this case, the executor cannot apply for probate. Instead, they will need to apply for letters of administration, which grant similar authority to administer the estate.

The probate process can take anywhere from a few weeks to several months, depending on the complexity of the estate and whether there are any challenges to the will. Once all documents are submitted, the court usually takes about 4 to 8 weeks to grant probate.

Probate is not always necessary, particularly for smaller estates with minimal assets. It is typically required for larger estates or when a financial institution requires proof of the executor’s authority before releasing funds.

If the will is contested, the probate process may be delayed while the court resolves the dispute. Contesting a will can involve challenging its validity on grounds such as lack of testamentary capacity, undue influence, or improper execution.

In some cases, you can act as executor without probate if the estate is small and financial institutions do not require proof of authority. However, probate is generally recommended to ensure the executor has legal protection and authority.

In Queensland, you have nine months from the date of the deceased’s passing to lodge a Family Provision Claim. However, if possible, it’s recommended to start the process sooner, as the estate could be distributed after six months. Contact GLG Legal promptly to ensure you meet these deadlines.

When assessing a Family Provision Claim, the court considers various factors, including the claimant’s financial needs, the nature of the relationship with the deceased, any contributions made by the claimant, and any special circumstances like health issues. The court also considers the size of the estate and the provisions made for other beneficiaries.

If the estate has already been distributed, a Family Provision Claim can become more complex. The possibility of recovery may depend on whether the executor has improperly and prematurely distributed the estate. In such cases, the executor could be held personally liable, and their personal assets might be at risk. However, the court will consider various factors, making outcomes uncertain. If found liable, the executor may have avenues to pursue indemnity claims against beneficiaries, but these clauses can be fragile. It's important to discuss your specific situation with our team to explore your options further.

The duration of a Family Provision Claim varies depending on the case’s complexity and the parties’ willingness to negotiate. Some cases are resolved in a matter of months, while others may take over a year, particularly if they progress to a disputed final hearing before a court. It’s important to note that, although all cases "go to court" in some form, not all proceed to trial. Even matters that settle at mediation typically require 6 to 12 months to finalise due to the interim processes and evidence involved. Hotly disputed cases or those pending resolution of other court matters, such as the validity of a will, can extend for years. At GLG Legal, we strive to resolve disputes efficiently while ensuring our clients receive fair outcomes.

Yes, many Family Provision Claims are resolved through negotiation or mediation, which can save time, money, and emotional stress. Mehera Saunders is skilled in alternative dispute resolution methods and will work diligently to achieve a fair settlement for you without the need for prolonged litigation.

Testamentary capacity is a legal concept requiring that the deceased fully understood the nature and effect of their will when they created or signed it. While a will can be challenged if the deceased lacked this understanding—such as not comprehending their assets, beneficiaries, or the consequences of the will—proving this in court is often complex. The legal test can be difficult to meet, and even if it seems clear to others that the deceased lacked capacity, the court’s decision will ultimately hinge on the strength of the evidence presented. For more detailed information on testamentary capacity,

Proving undue influence is notoriously difficult, as it requires clear evidence that the deceased was coerced or manipulated into making their will. This might include testimony from witnesses, medical records, or documentation demonstrating the deceased’s vulnerability. However, even if there are suspicions of undue influence, the evidentiary burden is high, and persuading the court can be challenging. If the judge is not convinced, the claim will not succeed, regardless of other opinions. For further details on undue influence

A family provision claim allows eligible individuals—such as spouses, children, or dependents—who believe they were not adequately provided for in a will to seek a larger share of the estate. While this may seem straightforward, the legal process can be complex, and outcomes are not always aligned with what people might consider fair or just. Success depends heavily on the facts and how the court interprets them, with the judge having the final say. For more in-depth information on family provision claims,

You have six months from the date of death to notify the executor of your intention to contest the will. The claim itself must be filed within nine months of the deceased’s death. It’s important to seek legal advice as soon as possible to ensure you don’t miss these deadlines.

In some cases, you may still be able to contest a will if you were estranged from the deceased. This often depends on the length and reason for the estrangement, as well as your relationship to the deceased. For example, children or spouses may still have a valid claim even if they were not in contact with the deceased at the time of death.

If a will is declared invalid, the estate may be distributed according to a previous valid will. If no previous will exists, the estate will be divided according to Queensland’s intestacy laws, which determine how assets are distributed when there is no valid will.

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