Public Trustee application & claims
Public Trustee claims: Your rights, our fight
Dealing with the estate of a deceased loved one can be a complex and emotionally challenging process, especially when there’s no clear will or executor. At GMP Law, we understand the difficulties you face during these trying times.
Our will dispute lawyers are here to guide you through the public trustee applications and claims, ensuring your rights are protected and you receive what you’re rightfully owed.
Why Choose Gerard Malouf & Partners
Understanding public trustee claims
A public trustee claim is a formal request for funds or assets from an estate where no valid Will exists, or where the executor is unclear. These claims are essential for securing your rightful inheritance when legal documentation is incomplete or absent.
What is the role of a public trustee?
The public trustee is a state-appointed office responsible for managing estates where:
- No legally permissible Will exists
- It’s unclear who should be the executor of the Will
- An adult guardian must be appointed
- Assets have been forfeited due to criminal charges.
The public trustee’s involvement can range from naming another trustee to controlling the day-to-day operations of an estate. They may also handle unclaimed money from various sources, including banks, credit unions, superannuation, or life insurance policies.
We're here to help.
Eligibility for public trustee claims
You may be eligible to file a public trustee claim if:
- You believe you’re entitled to inherit from an estate without a valid Will
- You’re a beneficiary of an estate being managed by the public trustee
- You have a legitimate claim to unclaimed money held by the public trustee.
To make a claim, you typically need to provide:
- Official supporting documentation
- A completed claim form.
Even if you’re uncertain, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting public trustee claims
Many factors can influence the outcome of your public trustee claim:
- Your relationship to the deceased
- The size and complexity of the estate
- The presence of other potential beneficiaries
- The strength of your supporting evidence
- Compliance with state-specific laws and regulations.
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about public trustee applications and claims
How do I find out if I am owed money?
Most Australian states maintain a register of Wills and unclaimed money. You can search these registers for unclaimed money and make a claim on funds you believe you’re entitled to. In NSW, you can complete a search for unclaimed money here.
What should I do if my public trustee claim is rejected?
If your claim is rejected, don’t lose hope. Consider these steps:
- Review the rejection reason carefully
- Gather additional supporting documentation
- Consult with GMP Law to strengthen your case
- File an appeal or a new claim with expert legal assistance.
GMP Law offers free initial consultations to help individuals determine if they have a viable case. Our experienced lawyers can guide you through the complex process of evaluating your situation.
How long does the public trustee claims process take?
The duration can vary significantly depending on the complexity of the estate and the number of claims. Simple cases might be resolved in a few months, while more complex situations can take a year or longer.
What happens if you die without a Will in Australia?
If you die without a will in Australia, your estate will be distributed according to the intestacy laws of your state or territory. These laws outline how your assets are allocated, typically prioritising your closest relatives based on a predetermined hierarchy.
Key points to consider include:
- Family hierarchy: The distribution of your estate will depend on your family structure. Spouses (including heterosexual and homosexual relationships, de facto spouses, and domestic partners) and children (including biological, adopted, and those born outside of marriage) are given priority.
- State variations: Specific processes, such as determining the family hierarchy and how assets are divided, differ between states. Being aware of these differences is crucial if you need to contest a will or prepare a family provision claim.
A Will Disputes lawyer can help you explore your options.
Learn more: What happens if you die without a Will in Australia
Are there time limits for making a public trustee claim?
Yes, there are typically time limits for making claims, which vary by state and the type of claim. It’s crucial to act promptly and consult with GMP Law to ensure you don’t miss any important deadlines.
Navigating public trustee applications
At GMP Law, we’ve successfully represented clients from various walks of life. Here are some key insights we have learned navigating the public trustee application process.
Gather comprehensive documentation
Collect all relevant documents, including birth certificates, marriage certificates, and any evidence of your relationship with the deceased. The stronger your documentation, the better your chances of a successful claim.
Be prepared for a detailed process
Public trustee applications often require extensive information. Be ready to provide detailed personal and financial information, and to answer questions about your relationship with the deceased.
Consider mediation
If there are multiple potential beneficiaries, consider mediation as a way to resolve disputes without lengthy and costly court proceedings. GMP Law can provide the support and expertise you need to navigate this process effectively.
Our will dispute services
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your public trustee claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the Contested Wills team
Meet some of the diverse and dynamic will dispute lawyers who support our clients with their will contests, inheritance disputes, and family provision claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our will dispute lawyers using the form below, or simply call us 1800 004 878.
