Probate & Estate Administration
Overview
In New South Wales, “estate administration” refers to the legal process of managing a deceased person’s estate, guided by the Probate and Administration Act 1898 and common law. The key figures in this process are executors and administrators, who are responsible for ensuring the estate is managed according to legal requirements.
Probate and Estate Administration
In New South Wales, "estate administration" refers to the legal process of managing a deceased person's estate, guided by the Probate and Administration Act 1898 and common law.
Family Provisions Claims
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased's estate.
Defending an Estate
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
Contesting or Challenging a Will
If you've been excluded from a Will or received an unfair share of the estate, you may have grounds to contest or challenge it.
Role Of An Executor
An executor is appointed by the deceased in their Will to handle their estate. This role can be filled by a professional, such as a solicitor or trustee, or a trusted friend or family member. Executors may also be beneficiaries, which is common. If the nominated executor cannot fulfill their duties—due to death, being a minor, or other reasons—the court may appoint a suitable replacement. If there is no alternate executor, the Supreme Court can issue Letters of Administration to a volunteer, often a close family member or interested party.
Estate Administration Duties
Before beginning, the executor or administrator must obtain a Grant of Representation (Letters of Administration or Grant of Probate) from the Supreme Court. They are then responsible for compiling an Inventory of Property, paying off any debts, and distributing the remaining assets to the beneficiaries. Executors must adhere to the deceased’s wishes, but must also comply with legal requirements, such as selling assets if necessary to settle debts.
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Protecting & Managing Estates
The executor or administrator must safeguard the estate’s assets until distribution, ensuring they are secure and insured, and defending the estate against any legal challenges. Negligence in these duties can lead to complaints to the Supreme Court.
Timeframes
Estate administration typically takes between 6 to 12 months but can extend longer if complications arise, such as taxation issues or legal disputes.
Role Of The Trustee
If a Will establishes discretionary trusts, a trustee will manage on behalf of beneficiaries, such as a minor or those unable to manage their affairs. Trustees operate under the Trustee Act 1925 & continue for as long as the trust exists.
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