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Distribution of an Estate Administration Litigation Lawyer Brisbane Queensland Sunshine Coast Gold Coast

What are the requirements for receiving a distribution from an estate?

I am often asked by clients both during the preparation of their Will, and in the administration of a deceased estate, what the requirements are for beneficiaries to receive a distribution from an estate.

Succession Act 1981 (QLD)

The Succession Act has several provisions surrounding beneficiaries receiving distributions from an estate. These include:

  1. Survive by 30 days – If a Willmaker makes a distribution to a beneficiary in their Will and the beneficiary dies within 30 days after the Willmaker’s death, the beneficiary is treated as if they had died immediately before the Willmaker. This section of the act does not apply if a contrary intention appears in the Will;
  1. What if two people die at the same time? – If two or more persons have died in circumstances where it is uncertain which of them survived the other (eg. In a car crash or other accident involving both people), the younger person will be deemed to have survived the elder person for a period of one day for all purposes affecting title to property. This is a particularly crucial section of the act to determine who will benefit from a Will if there is a property owned as joint tenants. In this case the property will then pass down the estate of the tenant who is deemed to have passed away second;
  1. Children – Distributions made to a Willmaker’s children must be distributed in the same way as their estate would be distributed if they had died without a Will, leaving only their children surviving them. This section of the act does not apply if a contrary intention appears in the Will.

I’m confused about whether or not I should benefit from a Willmaker’s estate. What should I do?

If you feel that you should receive a distribution under a Will, you should contact an experienced estate litigation lawyer. Please contact me if you would like advice or assistance.

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The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

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Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now