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Individual Podcasts

Executor Limitations: The Consequences of Acting Without a Grant

Executors who deal with assets in a deceased estate prior to receiving a grant of probate may be taking the risk of being held liable for assets lost to the estate, and that risk can extend to other parties such as banks who facilitate the dealings. In this program, barrister Davi
PRESENTED BY David Topp Barrister - Bank of New South Wales Chambers , Brisbane

Date/Time

About the Podcast

Executors who deal with assets in a deceased estate prior to receiving a grant of probate may be taking the risk of being held liable for assets lost to the estate, and that risk can extend to other parties such as banks who facilitate the dealings. In this program, barrister David Topp, from Bank of New South Wales Chambers in Brisbane, provides a guide to statutory and common law rules relating to an executor’s authority prior to a grant of probate, and the risk and pitfalls of giving in to pressure from beneficiaries and/or creditors to distribute the estate prior to grant.

33 minutes / 0.55 CPD units

Presented By

David Topp
Barrister, Bank of New South Wales Chambers Brisbane, QLD

David Topp was admitted as a Solicitor of the Supreme Court of Queensland in January 2002, then during February 2006 began a generalist practice at the Queensland Bar before gradually transforming over the years into a full time wills, estates & family provision litigation specialist.

David also possesses a sideline practice interest in costs assessing, including being named on the Supreme Court of Qld’s Register of Approved Cost Assessors.

In addition David is a published author (Tennyson Breach on the twin themes of property law and the 2011 Brisbane floods); and two separate legal texts, Security for Costs in the State of Queensland and Security for Costs in New South Wales.

In 2015 David wrote a political article analysing the seat pendency risk facing then Qld Premier Campbell Newman. Entitled ‘Losing Campbell Newman: The LNP’s risky Ashgrove Strategy’, David’s assessment was prophetic, as not only did Newman lose his seat, his LNP has never won that seat, now named Cooper, ever since, nor has ever been returned to government in Qld either.

CPD Information

0.55 CPD Hours

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