Project Description

Although many executors of Wills are sound decision makers, they can often benefit from our expertise when satisfying probate requirements, administering estates, and accounting to beneficiaries. We manage the administration of many estates and deal with any legal issues that arise from them. We are regularly instructed to assist in small aspects of estate management through to holistic coverage of all stages of the estate administration process.

Whether it is simply obtaining a Grant or more fulsome estate administration, we can help with all types of estate matters, including those that might involve:

  • Obtaining a Grant of Probate or a Grant of Letters of Administration

  • Advising about intestate estates (i.e. where someone dies without a valid Will or the last Will does not deal effectively with all assets)

  • Advising executors of their responsibilities, duties and obligations in relation to the estate

  • Collecting and distributing assets of the estate from banks, share registries and other organisations

  • Distributing gifts to entitled beneficiaries

  • Working with financial advisers and tax professionals regarding the tax obligations of the deceased and the estate

  • Advising executors in relation to executor’s commission

  • Advising beneficiaries of their rights during the administration process

  • Superannuation advice, including claims against decisions of Superannuation funds regarding death benefit payments

  • Advising executors and beneficiaries where disputes arise during the administration process

  • Advising on structures related to the estate, including succession of family trusts and companies

  • Contested probate applications, including claims of lack of testamentary capacity and undue influence, informal Wills, interim and limited grants

  • Family provision applications

  • Advising on and representing parties in Will construction and interpretation disputes

  • Applications for and against executors and administrators of an estate

Our expert estate lawyers pride themselves in being personable, compassionate and empathetic during what can be one of the most difficult times in their clients’ lives.