Important words and phrases

This document is provided when a person makes a Will with Queensland Public Trustee.

It includes a summary of what was talked about during the process.

This is a legal document issued by a court.

When a person has impaired capacity, it allows someone else make their:

• financial decisions
• legal decisions for financial matters.

Queensland Civil and Administrative Tribunal often uses one to appoint a person or organisation to the role of an administrator.

This is a legal document.

A person can record decisions about their future health care and treatment within it.

It is then used to make such decisions on their behalf, should they not be able to do so themselves.

These are things that a person owns.

It can include financial assets like money and shares, or physical assets like cars or property.

It may even include digital assets like social media accounts and photos.

This is a person who is appointed under either of the following legal documents:

• power of attorney
• enduring power of attorney.

The attorney can make financial, personal or health decisions on behalf of another person.

These are people or organisations that receive a gift or benefit from a deceased person’s estate. It may also be someone that is entitled to benefit from a trust.

This is a gift of an asset to be given to someone named in a Will.

This is a person's ability to exercise decision-making processes.

To have capacity a person must be able to:

• understand and retain (even for a short while) the information relating to the decision
• understand the main choices available
• understand and weigh up the consequences of the choices
• communicate the decision
• make the decision freely and voluntarily.

If a person does not have capacity, they may be referred as having impaired capacity.

This is a trust established to provide benefits for charitable purposes. Such trusts may include:

• the relief of poverty
• the advancement of education
• the advancement of religion.

This is the potential financial obligation that may arise depending on what happens after a specific event.

This is a team within Queensland Public Trustee that can provide an independent voice to customers and their support networks.

This is when two people are not married but are living with one another as a couple on a genuine domestic basis. It includes same-sex couples.

These are all the assets and liabilities left behind by a person after they have died.

Following a person's death, this is the process of:

• collecting in their assets
• paying their liabilities
• distributing the estate according to their Will or the laws of intestacy if there is no valid Will.

This is a person appointed by the court to manage and distribute the estate of a deceased person when:

• there is no valid Will
• the appointed executor is unable or unwilling to act.

This is someone who might get money or things from a trust if the trustee decides they should get them.

This is a trust where the trustee has authority to decide how income and assets are distributed among its beneficiaries.

This is the process of giving money, property, and other assets to beneficiaries as part of administering a deceased estate.

This is a legal document, such as an enduring power of attorney, that remains valid even if the person loses capacity.

This is a legal document that gives someone a person chooses and trusts the legal authority to make decisions on their behalf.

An enduring power of attorney remains active until their death, unless they choose to revoke it. The legal authority of an attorney will end on their death.

This is the process of developing a plan for managing and distributing a person’s assets and liabilities during their lifetime and after their death. It will usually involve obtaining legal or accounting advice.

This is the person named in a Will to:

• carry out the instructions in the Will
• administer the deceased person’s estate.

They may also be known as a personal representative.

This is a legal claim made by an eligible person who believes they have not been adequately provided for in a deceased person’s Will or under the laws of intestacy.

This is a trust set up to hold and manage assets for the benefit of family members.

This is the process of completing all legal and financial requirements after someone dies. This may include

• notifying organisations
• paying debts
• attending to tax returns
• distributing the estate.

This is when financial decisions are made on behalf of someone else due to:

• their impaired capacity
• the making of an order by the court or QCAT appointment.

The person or organisation who makes these decisions is known as the financial administrator.

This is a person’s financial situation, which includes their:

• income
• expenses
• assets
• liabilities.

It might also be known as their finances.

This is the study of the family history of a person and can be used to identify beneficiaries of their deceased estate after they have died.

This is a legal document that allows someone to appoint one or more people to manage financial matters on their behalf, only while they're able to make their own decisions.

It typically lasts for a short time or set period. For instance, while the person is overseas or in hospital.

In the context of a Will, this is an item or money that a deceased person has left to a specific beneficiary.

This is a Supreme Court order that specifies who has legal authority to administer the estate of the deceased person and on what terms. The grant can either be a grant of probate or a grant of letters of administration.

These are the things that a beneficiary gets from a deceased estate as:

• directed by a Will
• pursuant to the laws of intestacy.

This can include property, money, or other assets.

This is the term used to describe when someone dies without a legally valid Will.

This means their estate must be distributed according to legislation. The rules of this process as known as intestacy rules.

This is a person who people use to communicate for them when they don’t speak the same language. This can be important for legal or financial appointments.

In the context of a Will, this is when 2 or more people own a property together and the ownership automatically passes to the other surviving owners upon death of one of them. The legal principle behind this is known as survivorship.

These are financial obligations or debts owed by a person or by a deceased estate.

This is the legal right for a person to use or benefit from property or assets when they are alive. Then after they die, the property passes to another person. These are usually created by the terms of a Will.

This is a person under the age of 18.

This is the person who signs a power of attorney or an enduring power of attorney to grant legal authority to another person to make decisions on their behalf.

The person granted the authority is the attorney.

This is a legal document issued by the Supreme Court that confirms a Will is valid. It also authorises the named executor to administer the deceased person’s estate.

This is a public sector agency that provides professional trustee, estate, and financial administration services. Queensland Public Trustee may also be referred to ask QPT.

While Queensland Public Trustee is the name for the organisation as a whole, its formal name is The Public Trustee of Queensland. This is the name of the legal entity established under the Public Trustee Act 1978.

This is an independent tribunal that resolves disputes and makes decisions on a range of legal matters, including guardianship and administration.

Queensland Civil and Administrative Tribunal may also be referred to as QCAT.

This  is an independent organisation that advocates for the protection and advancement of the needs, rights and lives of people with disability in Queensland, including legal support services.

Queensland Advocacy for Inclusion may also be referred to as QAI.

This is a process where individuals are referred to organisations like Queensland Advocacy for Inclusion for advice and support.

This is the portion of a deceased person’s estate that remains after all debts and taxes have been paid, and specific gifts have been distributed.

This is how someone can formally cancel a legal document such as a Will or power of attorney so that it’s no longer valid.

This process is known as revocation.

This is a Will created by someone without the help of a legal professional. This is often done using a Will kit or template. They may also be called home-made Wills.

If a person is married, then this is their husband or wife.

If a person is in de facto relationship, then this is their partner.

In both cases, it includes same-sex couples.

This is a Will created by a court for a person who lacks the capacity to make their own Will.

This is the law that governs the distribution of a deceased person’s estate. It includes the Succession Act 1981 in Queensland.

These are the people who provide support, guidance, and advice to an individual. They may include people such as family members, friends, carers, or guardians.

This is a form of property ownership where 2 or more people own separate shares of an asset. The share divide may not be equal.

Unlike joint tenancy there is no right of survivorship. So, if a tenant dies, their share does not automatically pass to the other owners. Instead, the share falls into the deceased estate of the tenant that has died and will pass by way of either:

• their Will
• in intestacy if there is no Will.

This is the mental capacity a person must have to make a valid Will.

It includes the person’s need to understand:

• the legal effect of a Will
• the extent and value of their assets
• the claims of those who might expect to benefit.

This is a trust created by a Will that comes into effect after the death of the person who made the Will. It is used to manage and distribute assets to beneficiaries.

This is Queensland’s independent statutory officer responsible for protecting the rights and interests of adults with impaired capacity and children in care.

This is a legal structure that holds property or assets on behalf of a beneficiary

This is a person or organisation that manages and distributes the income, property and assets according to the terms of a trust.

This is improper pressure or coercion used to influence a person’s decisions, such as making or changing a Will.

This is a legal document, referred to after a person’s death, that states:

• who should collect in the persons assets and pay their debts
• how their estate should be managed and distributed.

It can also include other things the deceased person would like to happen. This may include their wishes for their funeral or who should look after their children or pets. These are known as instructions.

The person who has signed the Will is known as the testator.

This is a person who observes the signing of a legal document.