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Richard McArtney Bentley Accountants Newcastle

"It is surprisingly uncommon to find a law firm that provides such clear and concise guides to business succession planning and shareholders' agreements. Having been through the exercise with a number of our accounting practice clients, it is good to have a tool that can be used to assist them in getting a clear picture of how they want their business to continue following an unexpected event and how they expect the various shareholders to interact with each other. These tools provide a clear set of instructions to the legal team at Roberts Legal."

How to Prevent the Family Court making Orders dealing with your Property

Family Law Property Orders The Family Court has power by virtue of the Family Law Act 1975 to make Orders altering the interests of parties of a marriage or defacto relationship to their property.  Such Orders may be made in respect of property settlement proceedings on the application of either party to a marriage or...

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"I have a Will, isn't that enough?": An Introduction to Modern Estate Planning

What is Modern Estate Planning? Modern Estate Planning is not just about making a Will, Power of Attorney and Appointment of Enduring Guardian. Modern Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most...

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Planning for the Forseeable: Why Appoint an Attorney & Guardian?

…what if I suffer a serious injury, illness or trauma? Fundamental to every Modern Estate Plan is considering what will happen to you and your loved ones in the event that you suffered from a serious injury, illness or trauma during your lifetime. This involves: the appointment of trusted persons to act as your attorney or...

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Don't Risk more then you can Afford to lose: Personal Insurance Planning

What is Personal Insurance Planning? What would happen to you and your loved ones if for any reason you were unable to continue to earn an income? How long could you and your family maintain your current lifestyle or afford to make repayments on your house or investment loans?  Your ability to earn an income is probably the...

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Wills & Asset Protection Trusts: Why your beneficiary's circumstances are as important as yours

What is an Asset ProtectionTrust? (also know as a Testamentary Trust) A Asset Protection Trust is simply a Trust created by a valid Will and funded by Estate Assets. The Trust commences when the Executor finishes administering the Estate. There a many different types of Testamentary Trusts that can be established in a Will. ...

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Deceased Estates

Administering a Deceased Estate

When a person dies their assets (after liabilities and taxes) pass to the beneficiaries named in their Will or if there is no Will, the persons entitled pursuant to the Rules of Intestacy. The Estate is typically administered by the Executor(s) named in the Will.

It is the Executor's responsibility to:

  • identify the deceased's assets and liabilities,
  • obtain a Grant of Probate or Letters of Administration, where necessary,
  • call in the assets and pay the liabilities (and taxes) of the Estate,
  • deal with any claims made against the assets of the Estate by creditors and/or people challenging the Will under the Succession Act,
  • interpret the Will and identify beneficiaries, and
  • distribute the Estate assets in accordance with the Will or Rules of Intestacy (where there is no Will).

The role of the Executor is important, however, many of the tasks and responsibilities of the Executor should be performed by or with the assistance of a Solicitor. This is because the administration of an Estate carries risk of personal liability for the Executor and will often involve the consideration of complex legal issues.

Roberts Legal, law firm adamstown newcastle, deceased estates, estate planning, probate, wills, trusts, testamentary trusts, inheritance, beneficiaries, How can we help?

Our experienced Solicitors can guide you through the Administration process and take the stress out of all legal requirements.

We will provide you with advice in relation to legal issues that arise and assist you to satisfy the pre-condition to distribution of the Estate assets without delay.

We will make all necessary enquiries and sell/transfer properties, collect money in bank accounts, realise Shares and obtain Superannuation entitlements on your behalf.

We will deliver you peace of mind knowing that you have discharged your duties as the Executor in accordance with the deceased's wishes and the law.

Deceased Estate Frequently Asked Questions

  1. What is a Grant of Probate?
  2. When is Probate required?
  3. What if there is no Will?
  4. Do I need to use a Solicitor?
  5. What if the Will is not held by my Solicitor?
  6. How should Funeral Expenses be paid?
  7. How do we charge?

Ask us a Desceased Estates Question

If the information that you are seeking is not above please feel free to ask us a question. We will gladly provide you with our considered response.

View more FAQs

Deceased Estates Testimonials

"Roberts Legal Solicitors were pleasing to deal with. They promptly attended to the administration of the estate and kept me informed of progress at all times. They were compassionate and understanding during what was a difficult time of my life."

Maragaret Akerman

"Roberts Legal Solicitors talked me through the procedures required, organised all the paperwork involved and made me feel like I was in control. They knew exactly what had to be done and kept me informed through the entire process..."

Johanna Lillford

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