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Public Trustee Application and Claims


What do you do if a public trustee claim is rejected?

The death of a family member is always an emotionally challenging time. If the deceased left an incomplete or illegitimate Will, or no Will at all, it can create even more frustration and confusion. In cases where there is no clear executor, it is the job of the public trustee to ensure the estate is divided fairly. If you believe you are owed money from an estate where no Will exists, a public trustee claim is the most effective way to secure what is rightfully yours.

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What is the role of a public trustee?

The public trustee is an office in each Australian state charged with handling any estates where a legally permissible Will is not present, or it is unclear who should be the executor of the Will. The public trustee is typically appointed to handle an estate by a court. The actions and level of involvement by the public trustee will vary depending on the specifics of each situation, ranging from naming another trustee to controlling day-to-day operations of an estate.

The public trustee may also handle the affairs of state residents who are still alive, such as situations where an adult guardian must be named or assets have been forfeited because of criminal charges. In addition to holding money from estates without a Will, the public trustee can also control other types of unclaimed money, such as that held by banks or credit unions, superannuation or life insurance policies.


How do I find out if I am owed money?

Most states in Australia either keep a register of Wills and unclaimed money or depend on a private service to do so. You can use these options to search for unclaimed money and make a claim on funds that you may have a case for. Typically, to make a claim you’ll need official supporting documentation and to fill out a form.

If your public trustee claim is unfairly rejected, a skilled solicitor can help you bolster your case and ensure you receive the compensation you deserve.

For decades, the expert solicitors and barristers of Gerard Malouf & Partners have been helping people across Australia navigate the Will and estate process, from ensuring their Wills are legally sound to contesting those that unfairly leave family members out. If you need assistance filing a public trustee claim or feel that your claim has was wrongly rejected, Gerard Malouf & Partners are there for you.

Gerard Malouf & Partners

Why choose Gerard Malouf & Partners?

Gerard Malouf & Partners is not a giant, publicly listed law company but one of the largest private, highly specialised and focused law firms in the area of will disputes Australia-wide.

We are small enough to care intimately for their clients and large enough to have the financial, medical and expert resources clients need to receive maximum compensation. 

Our dedicated client care service team will ensure that you are kept up-to-date at all stages and you receive the triple “C” compassion, commitment and competence from all our staff.

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Download our free guide to inheritance disputes

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

Contesting Wills

Contact us for no-obligation, legal advice about your public trustee claim.

Free Resources
Our guide to inheritance disputes

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

“Thank you so much for my claim, it has helped me, my Husband and Daughter through a very rough time and your services run smoothly and very professional. I was very impressed.”

Our Client
Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our personal injury claims services handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

Our TeaM

Meet the Contesting Wills Team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their public trustee claims.

David Cossalter
Managing Partner
Richele Nelsen
Senior Associate
Garbis Kolokossian

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

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Contesting Wills
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