Estate Administration and Deceased Estates

If you have been named the executor of a will, or appointed administrator, you don’t have to do it alone.


Estate Administration and Deceased Estates

When you lose a loved one, often uncertainty follows as what to do regarding their estate.

If you have been named the executor of a will, or appointed administrator, you don’t have to do it alone. McNamara’s Law offer experienced estate experts who can give precise advice to help and guide you through this difficult time of administering a deceased estate.

How we help

We will help you liaise with valuers, financial personnel and institutions etc. ensuring the administration of the estate is efficiently undertaken.

The process of estate administration can be far from simple and usually deals with issues such as:

  • was there a current will?
  • does Probate/Letters of Administration need to be applied for?
  • was the will valid?
  • did the person have capacity when making the will?
  • if a claim upon the estate is made, what course of action should be taken?
  • how is the funeral paid for?
  • are the beneficiaries named in the will properly entitled to the estate?
  • how do you deal with superannuation and life insurance policies?
  • how do you pay debts from the estate?
  • how do you transfer property to beneficiaries?
  • how to distribute all other assets to the beneficiaries?
  • what are the tax implications for the beneficiaries?

If you have any further queries or would like assistance in relation to estate administration please do not hesitate to contact our wills and estates team at McNamara Law on 13 58 28.

Frequently asked questions

Frequently asked questions about Administration and Deceased Estates.

When can I have access to assets that have been left to me in a will?

You as a beneficiary have no right to any of the deceased parties’ property or assets until the executor of the will distributes the assets of the deceased after all debt of the deceased has been paid.  You can as a beneficiary take legal action against the executor if they fail to distribute the estate of the deceased in a timely and efficient manner. It is important to note that there are also certain time frames imposed on executors as to when they are allowed to attend to a distribution of the estate.  You should contact us if you need to know more about these timeframes.

We need to appoint and administrator for a will. What does this mean?

An administrator is appointed by the Supreme Court.  A Grant of Letters of Administration needs to be filed and issued by the Supreme Court.

Usually an administrator is appointed when a person has died without a will (intestacy); a will has been left with no executors appointed; or when the executors appointed by the will cannot or will not act on the deceased behalf.

Once the administrator has been appointed they act in the same way as an executor of a will.  The administrator’s duty is to collect all information regarding property and assets, pay all debts owed by the deceased and distribute the balance to the beneficiaries, as per the deceased wishes if a valid will has been left, or according to the rules of intestacy in the event there is no will.   

To assist you in navigating the matrix of possibilities involved in deciding arrangements for your children please do not hesitate to contact the Family Law Team at McNamara Law on 13 58 28.

Looking for more information?

Download our Wills & Estates Guides.

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