Smooth and stress free Estate  Administration

If you are the Executor of a Will or the spouse or next of kin of someone who has died without a Will, navigating these circumstances can be difficult and confusing.

We deal with these issues on a daily basis.

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 person’s assets and liabilities,
  • obtain a Grant of Probate or Letters of Administration, when 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’s 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 the Estate carries risk of personal liability for the Executor and will often involve the consideration of complex legal issues.

Frequently Asked Questions

What is a Grant of Probate?

Probate is an Order made by the Supreme Court of New South Wales authorising the Executor to deal with the assets of an Estate in accordance with the Will or Rules of Intestacy (where there is no Will).

When is Probate Required?

Probate is required if the Estate includes:

  • Real Estate, and/or
  • Bank Accounts, Shares or Superannuation Benefits with balances of over $15,000.00 (depending on the institution).
What if there is no Will?

Rules exist under the Succession Act that dictate how the Estate assets are to be distributed where there is no Will (‘Rules of Intestacy‘). Usually the spouse or next of kin will need to apply to the Court for the grant of Letters of Administration to authorise them to administer the Estate.

How should Funeral Expenses be paid?

If the deceased person holds money in a bank account the bank will typically release funds in the form of a cheque in favour of the Funeral Home in payment of funeral expenses on receipt of a tax invoice and Death Certificate without the need for Probate. This can occur within days of the Funeral service. We can arrange this for you if you prefer.

What if the Will is not held by Roberts Legal?

You do not need to go to the Solicitor who currently holds the Will for assistance in relation to administering the deceased person’s estate. We can uplift the Will from the Solicitor holding it at no extra charge.

Call now to arrange a consultation with one of our Estate Lawyers

1300 553 343

 

Legal consequences and personal financial liability may arise for an Executor if the Estate is not carefully administered according to the law.

Even if you do not consider that Probate will be required you should consult a Solicitor to ensure that the Estate will be properly administered.

How We Help

Our experienced Solicitors will guide you through the Administration process  to ensure that your duties as Executor are fulfilled smoothly and stress free.

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

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

Call now for peace of mind knowing that you will have discharged your duties as the Executor in accordance with the deceased’s wishes and the law.

How We Charge?

We offer a free consultation for all Estate matters.

We charge a fixed fee in relation to the obtaining of a Grant of Probate.

Our fees to advise and act in relation to the administration of and Estate depend on the assets and liabilities of the Estate, the terms of the Will and interests of beneficiaries.  We will provide you with an estimate during your initial consultation.

In most cases our fees are payable from the Estate upon distribution of the Estate assets.

Call now to arrange a consultation with one of our Estate Lawyers

1300 553 343

 

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Success Stories

Father defends estranged Daughter’s challenge to Grandmother’s Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

The client was the Executor of his mother’s Estate (“the Client”). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will”).  At the time that the Will was made, the Client’s mother (“the Deceased”) intended that her Estate would go to the Client and his sister in equal shares, subject to the Client’s sister having a right to occupy the deceased’s home for the rest of her life.

View all success stories

Testimonials

Anna was compassionate and understanding during what was a difficult period of my life.

“Anna’s professional and diligent manner was pleasing to deal with. She promptly attended to the administration of the Estate and kept me informed of any progress at all times. She was compassionate and understanding during what was a difficult period of my life.”

Margaret Akerman


Anna made me feel like I was in control.

“Anna talked me through to procedures required, organized all the paperwork involved and made me feel like I was in control. She knew exactly what had to be done and kept in touch through the entire process. I found her to be very understanding and professional during this rather difficult time in my life”.

Johanna Lillford