Can I sell property of a deceased estate before probate is granted?

Can I sell real property of a deceased estate before probate is granted?

You may be acting as the executor of a deceased estate or are otherwise involved as a beneficiary. Amongst the assets of the estate is real property and someone has told you: “Now’s the perfect time to sell!”  But there’s a problem. Probate hasn’t been granted yet, and you’re not sure what you can and can’t do. 

Trust Distributions Summary – (Trust Distributions Guide Booklet Chapter 6)

Trust Distributions Guide

Budget Update Notice: The 2026/27 Federal Budget contains proposals that may affect the information in this article. As at the date of this notice, these are proposed measures and have not yet passed into law. We are reviewing and updating our content as the legislative process progresses. If you are making a decision based on […]

Risk Management and Common Traps – (Trust Distributions Guide Chapter 5)

Trust Distributions Guide

Budget Update NoticeThe 2026/27 Federal Budget contains proposals that may affect the information in this article. As at the date of this notice, these are proposed measures and have not yet passed into law. We are reviewing and updating our content as the legislative process progresses. If you are making a decision based on any […]

Making Effective Distributions – (Trust Distributions Guide Booklet Chapter 3)

Trust Distributions Guide

Budget Update Notice: The 2026/27 Federal Budget contains proposals that may affect the information in this article. As at the date of this notice, these are proposed measures and have not yet passed into law. We are reviewing and updating our content as the legislative process progresses. If you are making a decision based on […]

Understanding the Nature of Trusts – (Trust Distributions Guide Booklet Chapter 1)

Trust Distributions Guide

Budget Update Notice: The 2026/27 Federal Budget contains proposals that may affect the information in this article. As at the date of this notice, these are proposed measures and have not yet passed into law. We are reviewing and updating our content as the legislative process progresses. If you are making a decision based on […]

Advising under an EPOA: Know your duties and risks

Duties as a Professional Advisor When Receiving Instructions Under an Enduring Power of Attorney?

As a professional adviser, you may have been instructed to manage personal wealth matters for clients in a way that benefits not only your client but also their families.  Your client, like Mary, may have routinely provided regular financial support to their family – adult children, grandchildren, spouses, or even elderly parents. This support can be informal but deeply entrenched, often continuing for years. 

But what happens when your client loses capacity, and their Enduring Power of Attorney (EPOA) takes effect?