Arbon Legal Group
Wills & Estates

Estate Administration

Knowing what to do after someone passes away can be overwhelming but help is available. We’re here to take the steps needed and to give you all the guidance you need.

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Estate Administration?

We’re here to help do everything needed with an estate after a loved one passes away.

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Estate Administration

Whether the deceased left a Will or not, our Estate Administration team can help you track down hidden funds, insurances, shares and other property that your loved one may have left behind.

When a loved one passes away, there is often a large amount of estate administration work to do for the executor or administrator left in charge. The deceased usually leaves:

  • bank accounts
  • insurances
  • a death benefit
  • a house
  • shares
  • a company, business or trust
  • superannuation
  • personal items such as a car, jewellery, pets etc.

It is the executor or administrator’s job to identify the accounts the deceased may or may not have held, contact the organisations, notify them of the person’s death, gather in any funds owing and distribute those funds in accordance with the Will or rules.

Some of these organisations will require a copy of a Court certified Grant to release those funds. There are several types of grants:

  1. Grant of Probate (where there is a valid Will);
  2. Grant of Letters of Administration on the Will (where there is an invalid Will); or
  3. Grant of Letters of Administration on intestacy (where there is no Will); and
  4. Grant to reseal (where a grant was issued in another state or territory in Australia).

Often this is an arduous and painstaking task for people, especially when they have their own businesses, kids and life to attend to.

Whether the deceased left a Will or not, we can help you obtain the correct Grant painlessly, and track down any forgotten accounts, hidden funds, unclaimed insurances, shares and other property that your loved one may or may not have left behind.

Deed of Family Arrangement

A Deed of Family Arrangement is a useful tool to settle a contested Will or modify the actual Will to terms agreeable to the executor and all the other beneficiaries.

For example, the main value in the estate might be the matrimonial home, so the executor would need to sell the home in order to divide the funds between the beneficiaries. However, instead of selling the family home to gather in the money, one beneficiary might negotiate with the other beneficiaries to receive the home as their inheritance and pay out the other beneficiaries. In this instance, we would:

  1. Draft the Deed (i.e. a contractual agreement between the parties);
  2. A beneficiary would use the Deed to apply for a loan (using the inheritance he was supposed to receive in the estate as equity);
  3. Arrange a transfer of the title through the estate and be exempt from registration fees and stamp duty; and
  4. Have the bank pay the funds into the estate to be distributed to the other beneficiaries.

In this situation, everyone will still receive their agreed inheritance from the estate, however one beneficiary would have their inheritance as equity in the loan rather than receiving it in the form of cash.

In other situations, where there is a potential claim being made against the estate, the executor and beneficiaries can agree to vary the will on a final basis by way of a Deed and escape the costly route of legal proceedings.

If the Will or the assets of an estate have been left to several people, we can help you come to an agreement with how those assets are going to be distributed amongst yourselves.

Clarity Legal Group has the experience you need to help you with your estate needs. For further information please contact us today for a free initial telephone consultation by calling 07 5240 3133 or if you prefer simply send your query by email to

Estate Administration

Frequently asked questions

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

  1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
  2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

  1. it has been less than 12 months since separation; or
  2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

 YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

A divorce order takes effect one month and one day after the divorce is granted.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Clarity Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Clarity Legal Group on 07 5562 0444 or email

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