When applying for probate, the original Will is required to be submitted with the application. There are requirements for what documents may or may not be considered a formal Will.
An application for probate is an application to the court to request that it confirm a deceased person’s estate should be administered in accordance with their Will. Once approved, the court will issue a Grant of Probate, which basically provides the executor with permission to distribute the assets of the estate in accordance with the Will.
There are several important considerations relevant to the administration of a deceased estate after someone dies. One of those is how other areas of law may intersect with estate law, creating some complexities when administering the estate.
In September 2023, the Queensland government released a public policy paper, “Intestacy Entitlements and Family Provision Applications”, which outlines proposed legislative changes aimed at modernising sections of the Succession Act primarily related to the current intestacy rules.
If a loved one dies without leaving a valid Will, either the Public Trustee or a person with a recognised relationship to the deceased person will have to apply for Letters of Administration to be able to deal with the estate.
Understanding how the law interprets the breakdown of a de facto relationship can be significant in estate planning, deceased estates and family law matters.