Hi there. When a person dies, the property and assets that they leave behind (called their ‘estate’) is distributed according to the terms of their will. Distribution of the estate is the responsibility of the executor – the person or organisation who has been nominated in the will by the deceased person to distribute the property. If a person dies without a will, then an administrator (usually provided by the state or territory government) will be responsible for distributing the property.

The first task of the executor (or administrator) is to contact government agencies and other organisations to notify them of the deceased person’s death, and to prepare an inventory of the deceased person’s property and assets. When all the information is collected, the executor must apply to the Supreme Court in the relevant state or territory for a ‘Grant of Probate’ (or, if the person died without a will, ‘Letters of Administration’). This document legally authorises the executor to administer the estate of the deceased person.

In your situation, it sounds like the executor of your brother’s estate is still in the process of obtaining probate. This means that your brother’s property is not yet ready to be distributed. Once probate has been obtained, the property can be divided up in accordance with the terms of his will. If the trailer was left to you under the will, then you will be legally entitled to keep possession of the trailer.

If your brother did not prepare a will before he passed away, then his property (including the trailer) will be distributed according to the distribution rules in the Succession Act 1981 (Qld) or equivalent legislation if he resided outside Queensland.

If you disagree with the distribution of certain property, such as the trailer, under the will or pursuant to the rules of the Succession Act 1981 (Qld), then you may be eligible to contest the will if you were a ‘dependent’ sibling of your brother. Strict time limits apply for contesting a will.