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Recorded Webinars

Recorded Webinar: Executor Limitations: The Consequences of Acting Without a Grant

Attempts by executors to deal with an estate prior to a grant of probate can be fraught with danger. This session will explore what can happen when an executor fails to follow the requirements, and the consequences for uninformed or unsuspecting financial institutions or others,
PRESENTED BY David Topp Barrister - Bank of New South Wales Chambers , Brisbane

Date/Time

About the Webinar

Attempts by executors to deal with an estate prior to a grant of probate can be fraught with danger. This session will explore what can happen when an executor fails to follow the requirements, and the consequences for uninformed or unsuspecting financial institutions or others, including:

  • Where does the authority of the executor come from?
  • Nature of a grant of probate - why is it required and what does it do?
  • When is a grant of probate not required or necessary? Small estates and other circumstances discussed
  • Status of the executor prior to a grant of probate
  • Vesting of property in the executor: the legislative position
  • The use of waivers and releases pre-probate grant to deal with the estate: Public Trustee v CBA Ors [2018] SASC 25
  • Ability of the executor to deal with real property in the estate before a grant of probate: Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell [2019] NSWCA 159
  • Tips for advising executors pre-grant

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.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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