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 Recorded Webinar: Executor Limitations: The Consequences of Acting Without a Grant


Date: Thursday 26th November 2020
Duration: 1 Hour


Attempts by executors to deal with an estate prior to a grant of probate can be fraught with danger. This session will explore what can happen when an executor fails to follow the requirements, and the consequences for uninformed or unsuspecting financial institutions or others, including:

  • Where does the authority of the executor come from?
  • Nature of a grant of probate - why is it required and what does it do?
  • When is a grant of probate not required or necessary? Small estates and other circumstances discussed
  • Status of the executor prior to a grant of probate
  • Vesting of property in the executor: the legislative position
  • The use of waivers and releases pre-probate grant to deal with the estate: Public Trustee v CBA & Ors [2018] SASC 25
  • Ability of the executor to deal with real property in the estate before a grant of probate: Carolyn Deigan as executrix for the estate of the late James Boyd Lockrey v Barnard James Fussell [2019] NSWCA 159
  • Tips for advising executors pre-grant
Recorded Webinars,Estate planning,Recorded Webinar: Executor Limitations: The Consequences of Acting Without a Grant David Topp, Barrister, Queensland Bar, Brisbane

David Topp is a Barrister at the private bar in Brisbane. Admitted as a solicitor in 2002 and having commenced practice as a barrister during February 2006, David has many years of practical experience in all aspects of property, estate and family provision, commercial, insolvency and debt recovery litigation and dispute resolution.

In addition his specific areas of expertise include:

  • Applications for security for costs;
  • Enforcement of judgments;
  • Jurisdictional venue arguments;
  • Setting aside default judgments;
  • Ending proceedings early, ie summary judgments/summary dismissals and dismissals for want of prosecution; and
  • Other practice and procedure related applications and advices;

David is an accomplished speaker, having presented seminars on many prior occasions for Lexis Nexis, the Qld Law Society, Television Education Network and Legalwise, and has had written work published by Proctor, the Tasmanian Law Society’s quarterly Law Letter, CCH Online and Lawyers Weekly.


This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

© Television Education Network Pty Ltd 2021

Product Code: WBXNOV20
 Price:  $264.00 (Inclusive of GST)
© 2021 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.