PROBATE & ESTATE ADMINISTRATION

Estate administration is the process of managing and finalising a person’s property after they die. Administering the estate involves gathering in the assets of the deceased, paying outstanding debts of the deceased and testamentary expenses, and distributing the assets to the beneficiaries.

The estate administration process can be overwhelming, particularly following the death of a loved one.

We provide executors, administrators and next-of-kin with clear and concise information about the estate administration process and their obligations as the personal representatives of the estate.

Use our online probate & estate administration questionnaire to help you know what lies ahead, and to help us to get to know about your matter before we meet. It’s free and obligation free!

Providing as much information as you can in the questionnaire before we meet helps us to provide our reasonable fixed fees.

You can start the questionnaire now, in the comfort of your home, and add information to it later.

If you struggle with technology, that’s ok too. Just call us for a free 15 minute telephone call to discuss your matter and we will book you in for an initial appointment.

ADVICE ON THE PROCESS

Are you overwhelmed and don't know where to start? We provide initial advice on the probate and estate administration process so you will know what to expect.

GRANTS OF PROBATE & LETTERS OF ADMINISTRATION

A grant of probate is an order of the Supreme Court appointing an executor and attaching the last will of the deceased. Letters of administration (with the will) appoints an administrator to administer a will, when the named executor cannot act. Letters of administration (on intestacy) appoints an administrator to administer the estate of a deceased, when there is no will.

It is not always necessary to apply for a grant of representation.

COMPLEX GRANTS

Complex grants include informal will applications, applications involving lost wills, probate of a copy of a will and solemn form proceedings.

An 'informal will' is a will that does not comply with the normal requirements for the proper execution of a will - it may not have been signed or witnessed correctly - it may even be a text message or voicemail message.

Solemn form proceedings are required when the validity of a will is challenged - for example, someone alleges the willmaker did not have capacity at the time the will was made.

administration of an estate

We can advise and assist executors and administrators with through the estate administration process. The estate administration process includes gathering in the assets of the estate, paying the deceased's liabilities and the testamentary expenses, liaising with beneficiaries, responding to any family provision claims and any other litigation brought against the estate, keeping estate accounts and the distribution of the net estate in accordance with the will or the intestacy provisions.

responding to family provision claims

A family provision claim may be made against the estate by an eligible applicant who has been left out of a will, or claims to have been left inadequate provision by the will or intestacy provisions.

The executor / administrator is responsible for responding to such claims.

We can assist the executor / administrator to respond to family provision claims. Most claims are resolved informally or at a mediation. Very few claims proceed to a court hearing.

superannuation death benefit claims

If a valid binding death benefit nomination has not been made with each superannuation company, the estate and superannuation dependants are able to make a claim for the deceased's superannuation death benefits.

Superannuation dependents include the spouse (married or de facto spouse or any duration), dependant former spouse, children (minor and adult children, including step-children), an interdependant and any person who was financially dependent on the deceased at the time they died.

We can advise whether you 'qualify' to make a claim and whether it is relevant and appropriate for you to make a superannuation death benefit claim.