You may find yourself dealing with the Public Trustee of Queensland, operating as the Queensland Public Trustee, when you least expect it. This might be because the Queensland Public Trustee has been appointed as:
- Administrator of a deceased estate (with a will or no will) – where you are a beneficiary or a claimant;
- Trustee – where money is held for you, or your loved one, on trust; or
- Attorney or Administrator for financial matters – for someone who has lost capacity to manage their own affairs.
At a time of great uncertainty for you, following the loss or incapacity of a loved one, you may not be sure what will happen next when dealing with the Queensland Public Trustee.
If you find yourself in this situation, here are 7 tips to help you navigate this well. And remember you can always reach out to us for help.
1. Seek to understand the nature of the Queensland Public Trustee’s role.
Is the Queensland Public Trustee acting as Administrator of a deceased estate, as Trustee of a trust or as Attorney or Administrator for someone who has lost capacity?
Knowing this will help you better understand the Queensland Public Trustee’s role and responsibilities because they are different in each case.
2. Find out who the contact person is for you.
The contact person to deal with will be a Trust Officer in Brisbane or in a Region (around where the deceased lived or where your loved one who has lost capacity lives). Establish regular communication with the Trust Officer by phone and email.
3. Be responsive and ask questions.
Provide information and documents the Trust Officer seeks as soon as you can. This will help things move faster. If you have any questions, don’t be afraid to ask.
4. If a dispute arises – you may need to seek independent legal advice.
If a dispute arises about the deceased estate, the trust or the administration of financial matters of your loved one, the Queensland Public Trustee will instruct the Official Solicitor, Customer Legal Services. The Official Solicitor provides legal services in matters relating to “customers” (i.e. someone who has lost capacity or who has an interest in a person’s estate or the trust).
For example, if a claim is brought against an estate, the Queensland Public Trustee will instruct the Official Solicitor to advise and assist. If your loved one with a legal incapacity needs to bring a claim against an estate, and the Public Trustee is their administrator, the Official Solicitor will assist with that legal matter.
Because the Official Solicitor acts for the Queensland Public Trustee (not you), you can seek your own independent legal advice. Doing so can ensure that your interests are protected. We can help give you that advice.
5. Be aware of the fees and charges.
Ask about fees and charges.
It is a myth that the Queensland Public Trustee provides its services for free or that the Queensland Public Trustee charges “commission” for administering a deceased estate.
Fees are charged based on the service provided, as does the Official Solicitor, Customer Legal Services. Some things are free (such as when making a will for a person) and some fees for customers are reduced or not charged, depending on the circumstances. These fees and charges are made public and can be reviewed here.
6. Know your rights to make a complaint.
If you are not happy with something the Queensland Public Trustee is (or is not) doing, you can make a complaint. For more information about your options click here or we can help you. The Queensland Public Trustee takes all complaints seriously and seeks to resolve them.
The Queensland Public Trustee also has a Customer Advocate. We can also help you if you need to deal with the Official Solicitor, Customer Legal Services.
7. Know your privacy rights and human rights.
As the Queensland Public Trustee is a government agency, it will protect your personal information and will consider your human rights when making decisions which have a bearing on you.
You can learn more about the Queensland Public Trustee (who is a person, a corporation sole and government agency) by exploring their website: www.pt.qld.gov.au.
At Resolve Estate Law we have many years of experience in dealing with the Official Solicitor and with the Queensland Public Trustee. Our senior associate Stephanie Duggan, having worked for the Official Solicitor to the Queensland Public Trustee for over 20 years before joining our team, will know just what to do in your circumstance.
If you have a potential claim against an estate where the Queensland Public Trustee is the administrator, please get in touch with us as soon as possible to ensure your claim can be dealt with within any important timeframes. You can contact us by phone or email, or click here to arrange your complimentary 15 minute call.
