Little Estate Lawyers

Little Estate Lawyers Queensland Law firm focused solely on Wills, Estate Planning and Administration, Succession Planning, and Estate Disputes and Litigation.

Recommended by "Doyles Guide" and an accredited member of STEP (the Society of Trust and Estate Practitioners) Urgent matters outside standard business hours, call 1300 323 313.

17/06/2026

Can an Executor be paid for the work they do? 💰

In some circumstances, yes - but it does depend on the terms of the Will.

If the Will includes provision for payment:

The Executor is compensated according to those terms.

If there's no provision in the Will:

The Executor does have an option to apply to the Court for what's called an Executor's Commission.

The Court then determines whether payment is appropriate in the specific circumstances of that Estate administration.

Here's where it gets complex:

There's no standard or set formula for calculating Executor's Commission. It's normally based on a percentage of the overall Estate value - but that percentage can vary significantly.

There's a substantial body of case law with a wide range of scenario based calculations to refer to, but ultimately there's no simple rule or guideline that applies universally.

In Danielle's experience:

Executors being paid for performing their role isn't something we see very often.

However, it does tend to occur in more complex Estates - particularly those involving significant assets, liabilities, and business interests that create a substantial administration burden for the Executor.

Dealing with a complex Estate and wondering about Executor's Commission?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

13/06/2026

"I'm a beneficiary. The Executor doesn't seem to be doing their job properly. What can be done?" 🤔

The good news:

Beneficiaries have rights - but those rights depend on what TYPE of beneficiary you are.

SPECIFIC GIFT BENEFICIARY:

If you've been left a specific gift in someone's Will, you're entitled to:

✅ An understanding of how the Estate administration is progressing

✅ A reasonable expectation of when you'll receive your gift

RESIDUARY BENEFICIARY:

You're entitled to significantly more information.

If you have concerns about how the Executor is handling their duties - or feel you're not getting enough information - you can request a full breakdown of the Estate Accounts, including:

📊 A complete calculation of all Estate assets

📊 All liabilities - both outstanding and already paid

📊 Supporting documentation for everything

Essentially, full visibility over the Estate's balance sheet.

The key takeaway:

If you're a beneficiary with concerns, you're not powerless - you have legal rights to information, and those rights vary depending on your position in the Will.

Concerned about how an Estate you're a beneficiary of is being administered?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

10/06/2026

Wine & Wisdom is back! 🍷✨

Episode 3 is here - and this time Danielle sits down with David Taylor from Morgans Edward Street to talk Self Managed Super Funds.

We kicked things off with a very important question...

"What's hot right now in Self Managed Super Funds?"

David's answer?

"Compliance." 😂

(He's not wrong...)

But in all seriousness - did you know there may be up to 180,000 Self Managed Super Funds in Australia currently operating without a Financial Adviser?

That's a significant compliance and risk exposure that many SMSF trustees may not even realise they have.

David and Danielle unpack exactly what that means - and why it matters for your retirement planning AND your Estate plan.

🎙️ Want the full conversation?

The full Episode 3 is available now - links in the comments below 👇

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

04/06/2026

Can an Executor be held personally liable for Estate Administration errors? ⚠️

The short answer? Yes.

Being appointed as an Executor is a personal appointment - and that means there is an element of personal liability attached to the role.

Here's what that means in practice:

An Executor can become personally liable for any loss caused to beneficiaries where something has gone wrong during the administration of the Estate.

And here's the part that surprises most people:

It doesn't matter whether the error was deliberate or not.

If something done - or not done - during the administration process causes a loss to the Estate, the Executor may be required to personally rectify that loss.

Why? Because ultimately it is the Executor's responsibility to ensure the Estate is maximised for the benefit of the beneficiaries.

If their actions cause a loss to those beneficiaries - they can be called upon to make good on that loss personally.

This is not a role to take lightly - and it's not a role to navigate alone.

Getting proper legal guidance as an Executor isn't just helpful - it's how you protect yourself.

Have you been appointed as an Executor and want to understand your obligations?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

30/05/2026

What's the difference between an Executor and a Trustee? 🤔

Great question - and the answer is that these roles can sometimes overlap.

EXECUTOR:
The person appointed to deal with the administration aspects of the Estate - calling in assets, managing liabilities, handling tax matters, and distributing the Estate to beneficiaries in accordance with the Will.

TRUSTEE:
A distinctly different responsibility - but can sometimes sit alongside - or even overlap with - the Executor's responsibilities.

Here's where it gets interesting:

An Executor may also find themselves taking on Trustee duties, which could include:

🔹 Being appointed as Trustee of particular trusts created within the Will

🔹 Acting as Trustee for specific beneficiaries - for example, minor beneficiaries under the age of 18, where the Executor might also need to look after and appropriately manage that inheritance until the minor comes of age

In some Wills, the same person might wear both hats. In others, these roles could be held by different people entirely.

The key takeaway:

If you've been appointed as an Executor, it's worth understanding whether your role might also carry Trustee responsibilities - because that could significantly extend your obligations.

Not sure what your appointment actually means for you?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

27/05/2026

Actually... what IS an Executor? And what do they really have to do? 🤔

The word gets used all the time - but do we actually know what it means?

An Executor is the person appointed in someone's Will to attend to the administration of that persons Estate after they pass away.

Here's what that can actually involve:

📋 Calling in all assets
Identifying and collecting everything the deceased owned

💳 Identifying all liabilities
Understanding what debts and obligations need to be paid

🧾 Managing all tax matters
Ensuring tax obligations for both the Estate AND the deceased personally are taken care of

📦 Distributing the Estate - once everything above is resolved - then distributing assets to beneficiaries in accordance with the terms of the Will.

The key thing to understand:

Distribution can't occur until all assets are called in, all liabilities are paid, and tax matters are quantified (allowing an interim distribution to be considered) or resolved entirely.

The Executor manages all of that - in the right order.

It's a significant responsibility - and one that's much easier to navigate with the right legal guidance alongside you.

Have you been named as an Executor and not sure where to start?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

23/05/2026

Can you start dealing with the Estate before Probate is granted? ⏱️

Short answer: Yes and no.

You cannot distribute assets or pass anything to beneficiaries until Probate is granted.

But that doesn't mean you just sit and wait.

Here's how to use that time productively:

While your Probate application is being processed, an Executor can focus on "discovery" - gathering as much information as possible about the deceased's assets and liabilities.

This means:
✅ Identifying all assets and their values
✅ Identifying all liabilities and outstanding debts
✅ Contacting financial institutions and government agencies
✅ Building a clear picture of the full Estate

Why does this matter?

Because when your Grant of Probate IS issued - you're ready to move immediately and efficiently rather than starting from scratch.

The discovery phase is genuinely valuable time that sets up the entire administration process for success.

Smart Executors use the waiting period wisely.

Need guidance on how to manage the Probate process efficiently?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

20/05/2026

2026 Federal Budget: What does it mean for Discretionary Trusts - including Testamentary Trusts? 🍷⚖️

Clients are calling with questions - so we sat down with two of the best in the business to talk it through.

Joined by:
🎙️ Chris Herrald - Director, Extension Legal
🎙️ Chelsea Baker - Director, Baker Hastings Lawyers
(and co-founders of The Succession Studio)

Here's where things stand RIGHT NOW:

We've seen the policy release and budget papers - but there is NO draft legislation yet. It's very early days, and how this ultimately plays out remains to be seen.

Should Testamentary Discretionary Trusts be caught up in all of this?

The industry expectation is strong advocacy for carve-outs - because Testamentary Trusts are designed to protect families, and capturing them in this policy may not reflect the spirit of what the Budget is trying to achieve.

But here's the important part:

Taxation aside - Testamentary Discretionary Trusts still offer some extremely significant advantages for Estate Planning, particularly where you need protections for:

🛡️ Minors
🛡️ Beneficiaries who own and run businesses
🛡️ Beneficiaries in relationships where asset protection is needed
🛡️ Beneficiaries with spending challenges
🛡️ Vulnerable beneficiaries who require ongoing assistance

As our panel agreed - the asset protection mechanisms remain extremely fabulous regardless of the tax position.

Tax relief is a bonus.

It was never the primary reason to go this way - and that hasn't changed.

The bottom line:

Hold tight. Wait for draft legislation. Watch the advocacy. And keep your Estate Planning moving forward.

We'll be monitoring this closely and incorporating developments into our advice as things progress.

Have questions about how the Budget might affect your existing Estate Plan?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

17/05/2026

How long does Probate take in Queensland? ⏱️

Once your Probate application is filed with the Court registry, it generally takes around 4 to 8 weeks to issue the Grant.

But when can it take longer?

The process can be delayed when the Grant is being contested.

A common example:

Someone discovers a later Will of the deceased than the one being used for the Probate application.

In that situation, they can lodge a Caveat against the Grant of Probate being issued - effectively putting the brakes on the process while the parties work out which Will is actually the valid and final Will.

Once that's resolved, a Grant of Probate can then be issued based on the correct Will.

The key takeaway:

For straightforward Estates - 4 to 8 weeks is a reasonable expectation.

For contested Estates - the timeline becomes much less predictable, and having specialist legal representation becomes critical.

Dealing with a Probate application or concerned about a contested Grant?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

14/05/2026

What's the difference between Probate and Letters of Administration? 📋

They're both official Court documents that allow an Estate to be administered - but they apply in very different circumstances.

GRANT OF PROBATE
Applied for when:

✅ The deceased has a valid Will
✅ The appointed Executor is alive, able, and willing to act

The Executor applies for the Grant of Probate to officially facilitate the administration of the Estate.

GRANT OF LETTERS OF ADMINISTRATION
Applied for in a range of different circumstances, such as:
🔹 The deceased passed away without a Will at all
🔹 Only a copy of the Will exists - not the original
🔹 All nominated Executors have passed away
🔹 The nominated Executors are unable or unwilling to act in that role

In these situations, another family member can be appointed to administer the Estate instead.

The key takeaway:

Even when things don't go to plan - no Will, missing original, unavailable Executors - there is still a legal pathway to properly administer the Estate.

Not sure which application applies to your situation?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

Address

Brisbane, QLD

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

Telephone

+611300323313

Website

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