Kylie Maxwell

Hello I am going to help you with your inquiry.

You seem to be in a position of either having to decide whether you wish to resign due to this action by your employer and seek an unfair dismissal remedy or whether you wish to terminate your contract and seek a contractual remedy. Your employer has done something that may be in breach of your contract of employment with them. If you just let it happen, it could amount to a waiver of your rights to sue for the breach of contract. If you don't let it happen you may be able to seek damages in Court. Whether you should, alternatively, seek an unfair dismissal remedy will largely depend upon your salary level. There is a threshold above which you cannot access this remedy. The threshold is $136,700 not including superannuation.

There may also be terms in the employer's unpaid leave policy or the contract dealing with yours and the employer's rights in this situation.

This means that you have been named by the maker of the will as the person appointed to carry out the directions of the will.

The role of the executor is time consuming and very important. I have listed some of your duties and responsibilities as an executor:

• Disposal of the body of the deceased
• Pay debts of the estate - secured and unsecured liabilities
• Distribution of the estate assets

• Obtain the last will of the deceased and review its contents
• Make arrangements for the funeral and pay funeral expenses
• Inform the beneficiaries of the will of their entitlements and give them a copy of the will
• Arrange for the care of the deceased’s pets
• Place a notice in a newspaper about the death of the testator
• Hold initial interview with beneficiaries
• Inspect properties and take action to secure assets by changing locks on property and liaising with the relevant insurance companies
• Contact financial institutions and determine holdings and liabilities
• Advertise for creditors of the estate
• Obtain the deceased’s death certificate
• Obtain proof of identity of all beneficiaries
• Obtain financial and accounting advice
• Attend to searches of Australian share registries
• Locate certificates of title
• Compile a complete list of estate assets and liabilities
• Apply for and obtain Grant of Probate
• Bring in money from financial institutions
• Sell real estate and other assets
• Open an interest bearing account in the name of the estate
• Invest funds in an interest bearing account
• File Income tax returns up to the date of death
• Finalise the deceased’s Centrelink or Department of Veterans Affairs pensions and entitlements up to date of death
  
• Inform Medicare
• Arrange transfer of or finalise final accounts for telephone, electricity, gas, and other relevant services
• Finalise and process final refund of contributions to medical insurance funds
• Advise relevant financial institutions to guard against unauthorised use of bank accounts
• Establish Trusts if beneficiaries are under 18 years of age, mentally incapable, or if there are specific instructions in the will
• Provide regular updates to beneficiaries
• Work with beneficiaries to try to resolve disputes
• Prepare legal defence to claims made against the estate
• Confirm entitlements with beneficiaries
• Lodge final estate tax return
  
• Prepare statements of account.

Most likely, you would have been also appointed as a trustee under the will. The duties, powers and rights of trustees in Western Australia which I have listed next are governed by TheTrustee Act 1962(WA).

• Duty to preserve and invest trust property
• Duty to obey the terms of the Will
• Duty to keep accounts and supply information
• Duty to act impartially
• Duty to pay correct beneficiaries
• Power to delegate
• Power of sale
• Powers of management
• Right to seek advice and directions of the court
• Right of reimbursement and indemnity

A year or more is not an unusual time for some estates to be completely administered.The good news is that if you are discouraged by the daunting list of tasks, duties and responsibilities that come with your role as an executor you can retain a lawyer to assist you. The cost for such services will be covered from the assets of the estate.You are not bound to accept the office and may renounce (reject) the executorship role.

A trust is an arrangement where one person or organisation (the trustee) holds assets (the trust property) on behalf of another person (the beneficiary). Trusts can be established for a number of reasons such as tax planning, providing for children or charitable causes.

The requirements for setting up a trust depend on the type of trust you want to establish and its purpose. To create any trust in Queensland, you will need to:

• select a trustee who will agree to be responsible for administering the trust in accordance with the terms of the trust deed;
• have a lawyer prepare a trust deed (a legal document that sets out the rules for establishing and operating the trust) that is to be signed by the trustee;
• give the assets (even if only a nominal amount) to the trustee;
• pay stamp duty to the Office of State Revenue if a trust is created over ‘dutiable property’, as that term is defined in the Duties Act 2001 (Qld); and
• apply for an ABN and TFN for the trust online via the Australian Business Register or through a lawyer or accountant.

You should also be aware of additional legal requirements that apply to particular types of trusts. For example: a trust used to run a business must be registered for GST if annual turnover is $75,000 or more; a trust used to run a self-managed super fund must ensure it complies with the relevant superannuation and taxation laws that apply to it; and charitable trusts are subject to special laws and may be eligible for tax exemptions.

You should speak to a lawyer if you want to set up a trust in Queensland. By pressing the "Take Action" button - which opens late July - LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services.