KATE MOSS B.Sc. LL.B., TEP, Notary Public
Kate Moss B.Sc. LL.B., TEP, Notary Public, is a probate lawyer at Senior Associate level. As the senior lawyer in our probate practice area, Kate leads a team which includes probate and commercial and property lawyer, Cameron Topfer, and two senior probate assistants, and works closely with Peter Worrall, the Director in charge of the probate practice area on the most complex probate matters. She works on trusts and estate administration, and on legal issues that arise as a consequence of the death of a person. This includes resolving superannuation, insurance, ownership, trust, and related issues when someone has died. Kate is one of the most experienced probate lawyers in Tasmania and administers a significant number of probate files for both regular and high net worth estates.
Kate is a graduate of the University of Tasmania, and holds a Graduate Diploma of Legal Practice. Kate has also completed further studies with the Taxation Institute of Australia.
On 16 October 2017, Kate was appointed by the Chief Justice of the Supreme Court of Tasmania as a Notary Public. A Notary Public prepares, certifies and authenticates documents for use overseas. In order to be appointed, Kate undertook a significant amount of private study, as the practice of a Notary Public is, at times, somewhat arcane.
Kate has a particular interest in legal issues arising from death, and regularly provides advice to Executors and Trustees, Administrators entitled to apply for Grants of Representation pursuant to the laws of intestacy, beneficiaries of deceased estates, and about superannuation death benefits. Particular areas of Kate’s expertise include advice about complex estate administration matters, including taxation matters, and advice about Will Trusts created on death. Kate also has extensive experience in applications made to superannuation funds for payment of death benefits, where consideration must be given to an individual’s personal circumstances and their relationships at death.
Kate enjoys acting for and working with clients who require sensitive and comprehensive advice about legal issues arising from death. Kate is sympathetic to clients who have lost someone close to them, and understands the need for good counsel, practical advice and understanding during the grieving process.
Recent projects have included
- advising Executors, and possible superannuation death benefit beneficiaries, about the facilitation and payment of superannuation death benefits, where substantial assets are held within the superannuation environment, including special applications to the Trustees of the relevant funds
- advising an Executor about a complex estate, where superannuation death benefits of a terminally unwell person were not withdrawn prior to death, on their instructions, including consideration of complex taxation matters and post death estate planning to ensure that the superannuation death benefits were paid to the beneficiaries in the most tax effective way
- advising a Trustee about a complex estate where the estate had remained unadministered for a significant period of time, including resolving complex and unusual taxation matters as a consequence of the estate remaining unadministered, and the need to ensure that all taxation matters were finalised prior to arranging for a final distribution of the estate
- assisting and advising about estates where Testamentary Discretionary Trusts are created on death, and post death estate planning, to ensure that the Willmaker’s wishes are carried out, for the benefit of each of the beneficiaries
- advising about property transactions, including complex transfers, transfers to beneficiaries pursuant to an option to purchase provided for in a Will, sales to a beneficiary where there are insufficient liquid estate assets
Kate is a member of the Law Society of Tasmania, and is also a Full Member of the prestigious Society of Trust and Estate Practitioners (STEP), an international group of members involved in trusts and estates. She is the Secretary of the Tasmanian branch of STEP.
Kate has presented to her peers (both Tasmanian and interstate) on topics relating to Executors and instructions in Estate Administration matters.
Kate is a strong contributor to the articles that appear in the Worrall Lawyers’ publication Estate Planning News Tasmania.
A selection of professional papers, text books and articles that Kate has authored or contributed to can be downloaded or purchased (where applicable) from this website.
Clients or other lawyers, financial planners, or accountants seeking to instruct or refer to Kate may contact her by the contact details and options on this page.
By appointment only.