Probate and estate administration 

Helping families navigate one of life's more demanding administrative processes

Administering an estate after someone passes away is rarely straightforward. Even where a will is clear and the family is in agreement, the legal and administrative steps involved in collecting assets, managing obligations and distributing an estate can be time consuming and unfamiliar. Having clear support through this process can reduce the burden on executors and family members at an already difficult time.

Applying for probate

Before an executor can deal with many estate assets, probate of the will may need to be obtained. This is a formal court process that confirms the validity of the will and the executor's authority to act. The requirements and timeframes involved can vary depending on the circumstances.

Work in this area may cover:

• Advising on whether probate is required and the process involved
• Preparing and filing probate applications and supporting documentation
• Liaising with financial institutions, registries and other parties requiring evidence of probate
• Advising on the executor's role, obligations and personal liability
• Managing situations where the validity of a will is questioned or contested
• Considering how probate interacts with property held in other jurisdictions

A properly managed probate process can provide executors with the authority and clarity they need to administer the estate efficiently.

Administering the estate

Once probate is granted or letters of administration are obtained, the work of actually administering the estate begins. This involves collecting and valuing assets, managing liabilities and ultimately distributing what remains to beneficiaries in accordance with the will or the rules of intestacy.

Support here may include:

• Advising executors on their duties and the steps involved in administering the estate
• Assisting with the collection, valuation and management of estate assets
• Managing the sale or transfer of property and other significant assets
• Addressing outstanding liabilities, debts and tax obligations of the estate
• Preparing estate accounts and supporting the distribution of assets to beneficiaries
• Considering the interests of vulnerable or minor beneficiaries in the distribution process

Clear and organised estate administration can help reduce delay, minimise cost and give beneficiaries confidence that the process is being managed properly.

Contested estates and family provision claims

Not all estates are administered without complication. Disputes between beneficiaries, challenges to the validity of a will or family provision claims by persons who feel inadequately provided for can add significant complexity to the administration process.

This may extend to:

• Advising executors and beneficiaries on contested estate matters
• Supporting responses to family provision claims and applications
• Managing disputes between beneficiaries or between executors and beneficiaries
• Advising on the executor's obligations where a claim or dispute is on foot
• Considering mediation and other resolution pathways as alternatives to litigation
• Reviewing how estate disputes interact with broader family, property and succession arrangements

Early advice when a dispute arises can help manage the process more effectively and reduce the cost and stress of resolution.

Practical and considered advice

Estate administration is a process that most people encounter only a handful of times in their lives, often during a period of personal loss. Advice is focused on making the process as clear and manageable as possible, supporting executors in meeting their obligations and helping families reach a point of resolution with as little additional stress as possible.