Overview

You have reached the final step of the deceased estate administration process, congratulations. Now that you have determined the full value of the deceased estate, know exactly what it is made up of and have paid all necessary debts and taxes, you can now distribute the deceased estate to the eligible Beneficiaries. You should undertake the following to finalise and distribute the deceased estate:
  • finalise the Assets & Liabilities Inventory;
  • determine through the Will or legislation which assets and liabilities transfer to which Beneficiary;
  • inform Beneficiaries of their final inheritance;
  • distribute the deceased estate; and
  • close the estate accounts.

Download Quick Checklist – 10 Important Tasks to Finalise & Distribute the Deceased Estate.

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34.1 Key Considerations Before and After Distribution

You may wonder; how long after probate can funds be distributed or what is the time limit for executor to distribute estate?

It is a difficult balance to determine the ideal time to distribute the deceased estate. On the one hand, you as the Executor or Administrator want to ensure you are not personally liable, which may be the case when distributing too early, not completing all the necessary steps or not waiting for the various claim periods to expire. On the other hand, if you wait to distribute after 12 months of the death, the Beneficiaries may be eligible to claim annual interest at 2% above the official cash rate target published by the Reserve Bank of Australia (available hereTherefore, completing distribution of estate to Beneficiaries between six to 12 months from the date of death is a general guide. However, this may not apply to your situation or not be possible, and should be discussed and agreed with the Beneficiaries after confirming with a lawyer to protect yourself and not be personally liable.

Note: All persons involved in the estate administration, including Beneficiaries, need to be aware that claims against the estate can still be made by anyone at this point and beyond the expiry of the claim periods and notices.

34.2 Pay all Final Debts and Bills (if Solvent)

As outlined in Step 14 – Pay Bills & Other Debts, you should have always kept a good eye out for any estate bills, debt notices or repayment requests that are due to avoid late payment, additional interest or other charges during the estate administration.
Now that you are finalising the estate and preparing for distribution, you should check that all final debts and bills of the estate were paid and finalised. If there are outstanding payments make these now.

If you want to recap this topic again just to be sure you have thought of everything, refer to Step 14 – Pay Bills & Other Debts and return to the final step once fully understood and actioned.

34.3 Submit a Final Estate Tax Return

After all debts and bills were paid, you will need to lodge a final estate tax return (trust tax return) if capital gains resulted from the sale of assets or income above the tax-free threshold of $18,200 (as at 2018/19) was generated from the deceased estate assets such as:
  • interest on ‘Estate of Late’ bank accounts;
  • investment returns such as dividends on shares;
  • income from an investment property or letting the deceased person’s home;
  • income from a trust as a Beneficiary;
  • income from capital gains after the sale of an appreciating asset;
  • income from franked dividends;
  • money from a business; or
  • any other form of income as defined by the ATO.

You will need to receive a tax assessment to know how much tax is payable from the estate and either pay immediately or retain that portion of funds aside before distribution.

If you need to lodge a tax return for income generated, you should follow Step 32.3.3 Deceased estate tax return (trust tax return).

34.4 Reconcile Final Assets & Liabilities Inventory

Once all debts, bills and taxes were paid, you should finalise the Assets & Liabilities Inventory. You should check that all items making up the distributable assets and liabilities of the estate are accurately reflected and are in possession of the deceased estate. This process of checking what you have listed against the valuation report and bank statements is called a reconciliation and ensures the figures captured are correct and all assets are held in trust by the estate.

The simplyEstate Assets & Liabilities Inventory is a great tool that helps you capture all assets and liabilities during the deceased estate administration process.

Once the inventory is reconciled and finalised, you should not make any changes. If you have to make a correction, you will need to reconcile again.
You will likely need to lodge this inventory with the Supreme Court as part of the note of intent to distribute the estate, explained below.

34.5 Review Eligibility of Beneficiaries and Inheritance

The eligibility of Beneficiaries and how much they are entitled to depends mainly on the Will, if one was put in place by the deceased person, and/or each State/Territory legislation.

34.5.1 With a Will

Where a valid Will is in place and you have received a Grant of Probate from the Supreme Court in the relevant State/Territory, the eligibility and distribution of the deceased estate will be governed by that Will.

Because the Will went through the Grant of Probate process, you can be confident that the Will is valid and was not contested if you provided statutory notice in line with the State/Territory requirements as outlined in Step 27.8 Publish the Statutory Notice.

The Will may however still be contested, or claims could still be made against the estate, even at this stage. However, the process outlined in Step 34.7 – Publish Notice of Intent to Distribute below will ensure that sufficient notice is provided to avoid issues once the deceased estate was distributed and protect you as the Executor who managed the estate.

34.5.2 Without a Will (Intestate)

If you as the Administrator have applied to the Supreme Court for Letters of Administration as outlined in Step 27 – Apply for Grant of Probate or Letters of Administration, the eligibility and entitlements of each Beneficiary are determined by law in each State/Territory as outlined below.

The following persons related to the deceased person may be eligible to receive an inheritance, listed by priority. Note that in some instances not all persons listed will be a Beneficiary and mostly it will be a combination of Beneficiaries that are eligible.
  • Spouse (including de facto partners based on rules);
  • Children;
  • Parents;
  • Siblings (brothers and sisters);
  • Nieces and nephews (if their parents, the siblings of the deceased person, died before the deceased person);
  • Grandparents;
  • Aunts and uncles; and
  • Other levels of relatives in various combinations.

If no Letters of Administration were needed, you will need to follow the rules set out in the relevant State/Territory legislation. simplyEstate provides an Intestate Beneficiary Assessment Tool below to help you determine who may be an eligible Beneficiary.

It is strongly recommended to seek legal advice to support with this or verify your proposed distribution.
simplyEstate works with Trusted Partners across Australia in your State as listed to the right or below.

If no valid Will is available, the following Intestate Beneficiary Assessment Tool will give a general indication about which Beneficiaries may be eligible and how the estate may be distributed as inheritance for each State/Territory.
Simply answer a few questions and email your results by completing your details below and clicking send:

New South Wales (NSW) change State

Questions:

Please note this is only a guide and is not legal advice as per our Terms & Conditions, which is available here.

Relevant Legislation – Intestacy Rules

SUCCESSION ACT 2006 (NSW) Sections 101 – 140 (Austl.) (accessed 1/1/2021)

Victoria (VIC) change State

Questions:

Please note this is only a guide and is not legal advice as per our Terms & Conditions, which is available here.

Relevant Legislation – Intestacy Rules

ADMINISTRATION AND PROBATE ACT 1958 (VIC) Sections 70A – 70ZL (Austl.) (accessed 1/1/2021)

Queensland (QLD) change State

Questions:

Please note this is only a guide and is not legal advice as per our Terms & Conditions, which is available here.

Relevant Legislation – Intestacy Rules

SUCCESSION ACT 1981 (QLD) Sections 34 – 39D (Austl.) (accessed 1/1/2021)

34.6 Prepare and Issue a Statement of Distribution of Estate to Each Beneficiary

If you have determined the Beneficiaries and their entitlements based on the Will, intestacy rules or any other legislation in the relevant State/Territory, you should inform each Beneficiary of their inheritance.

Using the reconciled final estate documents including the: you can prepare a statement of distribution of estate that includes the estate value and inheritance details. You can use the Estate Distribution Letter Sample that provides the complete structure of the letter including:
  • the residual value of the estate;
  • the inheritances and what they are made up of (e.g. real estate, land, cash, artwork, jewellery etc.);
  • how assets were dealt with;
  • expenses incurred from the deceased estate administration;
  • request for consent;
  • request for bank details for cash transfers; and
  • arrangements to transfer property, furniture or other assets inherited.

Each Beneficiary should review and sign this document before issuing any inheritance, in case a Beneficiary does not agree and makes a claim against the estate.

Note: If you foresee potential disagreement or conflict between Beneficiaries or with the proposed distribution, you should seek legal advice to draft a specific statement of distribution of estate that is legally binding.

34.7 Publish Notice of Intended Distribution

Now that you have informed each Beneficiary and have agreed the distribution, depending on your State/Territory, you may need to publish a notice of intent to distribute.

This notice is required in some States/Territories to protect you and the Beneficiaries by allowing official and sufficient notice about the intent of the deceased estate distribution. This again allows any creditors, other family members or previous spouses who believe to be a Beneficiary, to make a claim. As part of this application, the Supreme Courts will likely need submission of the final Assets & Liabilities Inventory (in the court’s required format) stating all assets, liabilities, receipts and disbursements of the deceased estate.

Tip: The notice of intent to distribute provides some protection to the Executor or Administrator’s personal assets should any claims be made from the deceased estate after it was distributed. Especially, if there may be concerns over contention among beneficiaries and family members, complicated relationships and family structure or other issues, it is advisable to find out how you can reduce your personal liability.

Follow the process outlined for the relevant State:

New South Wales (NSW) change State

Supreme Court of New South Wales

Phone: 1300 679 272
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: [email protected]
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001

Timeframe of Notice

The Notice of filing the deceased estate’s accounts must be published for at least 14 days before an application to the Supreme Court of NSW for notice of intended distribution can be made.
The notice to distribute the deceased estate must have been published for at least 30 days.

Relevant Documents
The following two forms need to be completed:
  • Form 144 – Notice of filing of accounts; and
  • Form 114 – Notice of Intended distribution.
Process – Online

The online portal for the Supreme Court of NSW allows you to complete and submit both the notice of filing of accounts and notice of intended distribution here.

If you haven’t used the portal previously to submit notice of intention to apply for Grant of Probate or Letters of Administration, you need to register here.

To register you will need two of the following documents ready to identify yourself:
  • Australian Driver’s license;
  • Australian electoral roll;
  • Medicare card;
  • Australian passport;
  • Australian Citizenship Certificate;
  • Change of Name Certificate; and
  • Phone Book.
Process – Paper
If you cannot or do not want to apply for notice online, you can complete:
  • Form 144 – Notice of filing of accounts; and
  • Form 114 – Notice of Intended distribution.

Once completed, you can post these to the Supreme Court of NSW including the filing fee.

Case NumberCase Number

You should use the same case number that you received when you published the intention to apply for Grant of Probate or Letters of Administration, so it is all linked together.

Relevant Legislation
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 92 (Austl.) (accessed 10/1/2021);
SUCCESSION ACT 2006 (NSW) Section 93 (Austl.) (accessed 10/1/2021).
Instructions

If you would like to talk to one of simplyEstate’s Trusted Partners find out more to the right or below.

Victoria (VIC) change State

Supreme Court of Victoria

Phone: 03 8600 2000
Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: [email protected]
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000

In Victoria you will only need to publish a Notice of Intended Distribution and file administration accounts if the Supreme Court of Victoria instructs you to do so. You should check with the Supreme Court before proceeding.

If you would like to talk to one of simplyEstate’s Trusted Partners find out more to the right or below.

Relevant Legislation
ADMINISTRATION AND PROBATE ACT 1958 (VIC) (Austl.) (accessed 10/1/2021)

Queensland (QLD) change State

Supreme Court of Queensland

Phone: 07 3236 1855
Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: [email protected]
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002

The Supreme Court of Queensland may request that administration accounts be produced and filed by you as the Executor or Administrator. You should check with the Supreme Court before proceeding.

If you would like to talk to one of simplyEstate’s Trusted Partners find out more to the right or below.

Relevant Legislation
SUCCESSION ACT 1981 (QLD) (Austl.) (accessed 10/1/2021)

34.8 Distribute the Deceased Estate

Once you have made the necessary applications to the relevant Supreme Court and the notice periods in the relevant State/Territory has expired, you can follow the below steps after carefully reading the following paragraphs.

Important Notice

Note that a claim made against the deceased estate after distribution, may mean that you as the Executor or Administrator are personally liable and may have to pay such a claim from your personal funds.

You can however reduce the risk by following these timeframes:
  • deceased estate should only be distributed after six months from the date of the Grant of Probate or Letters of Administration (WA, VIC) or six months from the date of death (NSW, QLD);
  • the intent to distribute the deceased estate was published in accordance with the relevant State/Territory requirements (see Step 34.7 above);
  • the time specified in the notice of intent to distribute the deceased estate has expired; and
  • The Executor or Administrator does not have notice of an application or intended application for a family provision order or other claim against the deceased estate.

It is important to remember that family provision claims can be made up until 12 months from the date of death in some States/Territories. Hence it is best to wait for the 12-month period after the death has expired to distribute the deceased estate depending on the family situation of the deceased person. Interest payments may be claimed by the Beneficiaries after 12 months, which needs to be taken into consideration as well.

If a claim or notice of intention to claim from the estate is received, it is recommended to wait for three months prior to distributing the deceased estate.
If you need to distribute the deceased estate before expiry of the periods mentioned above for reasons such as maintenance for a financially dependent spouse, you should seek agreement from all Beneficiaries in writing first. This agreement requests agreement that Beneficiaries accept the risk of early distribution and agree to repaying from their inheritance any amounts due from future claims against the deceased estate. This will indemnify you from your personal liability. You should seek legal advice if you are pressured to distribute the estate early and want to draft such an agreement with Beneficiaries.

If you distribute after expiry of the periods listed above, you should in most cases be protected from being personally liable for future claims after distribution. It is recommended to seek legal advice to be certain about the waiting periods that apply to your specific circumstances. Contact one of simplyEstate’s Trusted Partners to the right or below.

Once you have decided you are ready for distribution, you can follow the below steps for the most common assets:

34.8.1 Cash

Cash is the simplest asset to transfer as it can be transferred from the ‘Estate of Late’ bank account to each Beneficiary’s bank account electronically or at a branch.
Always make sure to double-check the account details are correct as funds transferred to a wrong account may not be recoverable.

When transferring large amounts, it may be better to validate the bank details by making a small payment first to check receipt with the Beneficiary before transferring the remainder.

34.8.2 Real Estate and/or Land

Where real estate and/or land is distributed to one or more Beneficiaries as outlined in the Will, Grant of Probate, Letters of Administration or as per the distribution rules outlined in the various Acts in your State/Territory as specified above, you should follow these following steps.

You, as the Executor or Administrator, can transfer the real estate to Beneficiaries only if the real estate was transferred to the deceased estate and the title currently shows your name as outlined in Step 30.3.3 – Transfer Real Estate.

New South Wales (NSW) change State

NSW Land Registry Services

Phone: 1300 052 637
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Online Enquiry can be submitted here
Address: 1 Prince Albert Road, Queens Square, Sydney NSW 2000
Post: GPO Box 15, Sydney NSW 2001

Office of State Revenue

Phone: 1300 139 816
Opening Hours: Monday – Friday, 8:30am – 5:00pm AEST
Email: [email protected]
Address: 132 Marsden St, Parramatta NSW 2150
Post: Revenue NSW, GPO Box 4042, Sydney NSW 2001

Process – Transfer to Beneficiaries
To complete the transfer to the right Beneficiaries, you will need to complete and provide the following information:
  • Proof of Identify;
  • Certified copy of the Death Certificate;
  • Original Grant of Probate or Letters of Administration;
  • Certificate of Title;
  • Form 03AD – Transmission application by executor, administrator or trustee;
  • Notice of Sale Form completed online; and
  • Registration fees payable.

Note: You must present all completed forms and documents at the Stamp Duties Division of the Office of State Revenue to assess if stamp duty is payable before submitting your documents to NSW Land Registry Services.

The complete guidelines can be accessed here.

Victoria (VIC) change State

VIC Land Registry Services

Phone: 03 9194 0601
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Address/Post: 2 Lonsdale Street, Melbourne VIC 3000

State Revenue Office

Phone: 13 21 61
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Online Enquiry can be submitted here
Online Lodgement can be submitted here
Address: 121 Exhibition Street, Melbourne VIC 3000
Post: GPO Box 1641, Melbourne VIC 3001

Process – Transfer to Beneficiaries
To complete the transfer to the right Beneficiaries, you will need to complete and provide the following information:
  • Proof of Identify Form verified by Australia Post as outlined;
  • Certified copy of the Grant of Probate or Letters of Administration;
  • Certificate of Title;
  • Duplicate Certificate of Title if issued (where the real estate is mortgaged the bank must produce the duplicate title);
  • Form 49TLA – Application by legal personal representative;
  • Statutory Declaration Form; and
  • Registration fees payable.

Note: You must present all completed forms and documents at the Stamp Duties Division of the Office of State Revenue to assess if stamp duty is payable before submitting your documents to VIC Land Registry Services.

The complete guidelines can be accessed here.

Queensland (QLD) change State

Queensland Titles Registry Office

Phone: 13 74 68
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Address: Level 11, 53 Albert Street, Brisbane QLD 4000
Other Offices in QLD can be found here
Post: GPO Box 1401, Brisbane QLD 4001

Commissioner of State Revenue

Phone: 1300 300 734
Opening Hours: Monday – Friday, 8:30am – 5:00pm AEST
Online Enquiry can be submitted here
Post: GPO Box 2593, Brisbane Qld 4001

Process – Transfer to Beneficiaries
To complete the transfer to the right Beneficiaries, you will need to complete and provide the following information:
  • Proof of Identify (Australian driver’s license or passport);
  • Original or certified copy of the Death Certificate;
  • Original Certificate of Title (can be purchased online here;
  • Form 6 – Transmission application for registration as devisee/legatee;
  • Form 24A – Property information (transmission application); and
  • Registration fees payable.

Note: You must check if any transfer duty is payable before submitting the relevant and completed documents as outlined above for your circumstances to the QLD Titles Registry Office.

You must complete and submit via post to the Commission of State Revenue: and one of the following:
  • Certified copy of the Will; or
  • Certified copy of the Grant of Probate or Letters of Administration.

34.8.3 Furniture & Other Valuables

Furniture and other valuables will need to be arranged to be collected with the Beneficiary. If you held these items in storage or in your possession, you should agree a pick-up date and time.

If you used storage facilities, these can be cleaned and closed to ensure you don’t incur any further fees.

34.9 Close Accounts

After the estate is fully distributed, you can close all associated accounts such as:
  • ‘Estate of Late’ bank accounts;
  • Investment accounts used to generate income during the administration process;
  • Insurances held while the items were held in trust;
  • simplyEstate subscriptions and accounts; and
  • anything else that you put in place or made use of to assist with the administration.

34.10 File all Deceased Estate Administration Documents

Now that the deceased estate administration is distributed and finalised, you should file all documents for at least seven years. Keep the documents clearly labelled in a place that is safe from flooding, fire and unauthorised access.

These records may be needed in case there is a tax or other inquiry into the estate administration and will help you produce documents when required.


Complete Step

Actions and Decisions to Complete Step Yourself

If you have decided to tackle this Step yourself after reading and understanding the above, you may want to:

  1. Carefully read Step 34.1 – Key Considerations Before and After Distribution above before proceeding;
  2. Pay all final outstanding debts and bills that you were able to defer until such time that the estate funds are available to you to make payment
    (see Step 34.2 above);
  3. Submit a final deceased estate tax return (trust tax return) where income generated was greater than the tax-free threshold of $18,200 (as at 2020/21) or capital gains resulted from asset sales
    (see Step 34.3 above);
  4. Finalise the eligible Beneficiaries based on the Will or legislation and which assets and liabilities transfer to which Beneficiary
    (see Step 34.5 above);
  5. Issue the Beneficiary Statement to each Beneficiary with their final inheritance and agree details for transfer such as bank account, title document transfer and pick-up of furniture and other items
    (see Step 34.6 above and forms below);
  6. Publish Notice of Intended Distribution with the Supreme Court
    (see Step 34.7 above and forms below);
  7. Make the final distribution from the deceased estate to each Beneficiary
    (see Step 34.8 above);
  8. Close the estate bank accounts and any other services used
    (see Step 34.9 above); and
  9. File all documents in paper or electronically
    (see Step 34.10 above).

Congratulations on finalising the deceased estate administration!
Thank you for letting us at simplyEstate guide you through the deceased estate administration process.
We would be grateful if you could provide us with feedback about the simplyEstate website, information, resources and support you used so we can continuously improve our service.

Information

Forms

Legislation

New South Wales (NSW) change State
Victoria (VIC) change State
Queensland (QLD) change State

Cost & Effort

Reading: 1 hr
Preparing: 2-6 hrs
Completing: 2 hrs – 5 days
Waiting: 14-30 days
Total: 14.5-36 days
Cost: $0-$48

Effort and cost are general estimates only and are based on the assumption that you complete this step without experienced support.

Instructions

To find out how this Process Guide works, access the instructions here.

Glossary

To find out what the capitalised words mean, access the glossary here.

New South Wales (NSW) change State
Victoria (VIC) change State
Queensland (QLD) change State

Forms

Notice of Intent to Distribute Estate

Form 144 – Notice of filing of accounts; and
Form 114 – Notice of Intended distribution.

Refer to Step 34.7 above for more detail about these forms.

Transfer Real Estate

Form 03AD – Transmission application by executor, administrator or trustee;
Notice of Sale Form completed online; and

Refer to Step 34.8.2 above for more detail about these forms.

Transfer Real Estate

Proof of Identify Form verified by Australia Post as outlined;
Form 49TLA – Application by legal personal representative;
Statutory Declaration Form; and

Refer to Step 34.8.2 above for more detail about these forms.

Transfer Real Estate

Form 6 – Transmission application for registration as devisee/legatee;
Form 24A – Property information (transmission application); and
Form OSR D2.2 – Dutiable transaction statement;

Refer to Step 34.8.2 above for more detail about these forms.

Other forms not listed here may be required based on your specific circumstances.

New South Wales (NSW) change State
Victoria (VIC) change State
Queensland (QLD) change State

Legislation & Rules

SUCCESSION ACT 2006 (NSW) Sections 101 – 140 (Austl.) (accessed 1/1/2021)
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 92 (Austl.) (accessed 10/1/2021);
SUCCESSION ACT 2006 (NSW) Section 93 (Austl.) (accessed 10/1/2021).
ADMINISTRATION AND PROBATE ACT 1958 (VIC) Sections 70A – 70ZL (Austl.) (accessed 1/1/2021)
SUCCESSION ACT 1981 (QLD) Sections 34 – 39D (Austl.) (accessed 1/1/2021)

Other legislation and rules not listed here may apply to your specific circumstances.


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Have you encountered a challenge along the way, are you unsure about how to proceed or how to engage a lawyer? Speak to simplyEstate to point you in the right direction. See how we can help here.

Trusted Partners

New South Wales (NSW) change State

Victoria (VIC) change State

Queensland (QLD) change State

Estate & Probate Lawyers

Search in Sydney

simplyEstate Trusted Lawyers in Sydney coming in early 2021.

complete this step with support from McNab McNab & Starke Lawyers in Melbourne Essendon Sunbury VIC

McNab McNab & Starke

Melbourne CBD, Essendon & Sunbury

We can help with:
  • issuing Beneficiary settlements and release
  • reducing your personal liability by reviewing the Estate Administration prior to distribution
  • distributing the Deceased Estate

Find out if we can help during an obligation free phone consultation.

Find Out More

complete this step with support from Sharrock Pitman Legal in Glen Waverley Victoria VIC

Sharrock Pitman Legal

Glen Waverley

We can help with:
  • issuing Beneficiary settlements and release
  • reducing your personal liability by reviewing the Estate Administration prior to distribution
  • distributing the Deceased Estate

Find out if we can help during an obligation free phone consultation.

Find Out More

complete this step with support from Carew Counsel Solicitors in Melbourne Victoria VIC

Carew Counsel

Melbourne CBD

We can help with:
  • issuing Beneficiary settlements and release
  • reducing your personal liability by reviewing the Estate Administration prior to distribution
  • distributing the Deceased Estate

Find out if we can help during an obligation free phone consultation.

Find Out More
Search in Brisbane

simplyEstate Trusted Lawyers in Brisbane coming in early 2021.