We provide comprehensive legal support for the administration of deceased estates.

The death of a loved one is a very difficult time. It is an unfortunate reality that in your time of grief, you also have to contend with a complex and extended legal process of dealing with the deceased person’s finances and other related issues, known as administering the estate.

As part of the estate administration, an Executor will routinely be required to address many of the following issues:

  • Should I get probate, and what does it mean anyway?

  • What do I do if there is no will?

  • How do I know if the will is valid?

  • How do I handle superannuation and life insurance entitlements without suffering a huge tax penalty?

  • Is a claim upon the estate by a disgruntled family member likely, and what should be done about it?

  • When is it safe to pay out the funds to the beneficiaries, and when does the executor risk a personal claim?

  • What do I need to do to transfer and/or sell the house and any other real estate?

  • What do I do about creditors of the estate?

  • How do I handle the deceased’s tax affairs and ensure I am not personally liable?

  • What needs to be done to inform the relevant government authorities (e.g. Medicare; Centrelink; ATO; etc)?

  • How do I handle the partly completed matrimonial proceedings of the deceased?

  • How should the business of the deceased be dealt with?

  • What assets fall outside of the estate (e.g. joint tenancies; trusts; superannuation; life insurance)?

  • What do I do if the will gives away property that the deceased doesn't own?

  • What happens if the death certificate lists dementia as a cause of death?

  • What do I do if the terms of the will are unclear?

All the while you are answering to impatient beneficiaries who think the job is simple and “should have been completed by now”.

Clearly an executor or administrator has a tough job to do. The good news is, you do not have to do it all by yourself – you have a right to have legal assistance in the process, and for the cost of that legal help to be paid from estate funds.

Our expert Wills & Estates Team provide comprehensive deceased estate administration services – from obtaining probate of the will, through to final distribution. And, of course, if an estate dispute arises, our award-winning Estate Litigation Team is on hand to support and guide you every step of the way.

Book a free estate administration initial consult with one of our expert deceased estate administration solicitors today.

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