SCB LEGAL
The role of an Executor can be very time consuming and the responsibilities are significant.
Many Executors come to us for support because they know they need to get ‘probate’ but don’t quite understand the gravity of their roles. If you are an Executor trying to do this independently, it is not uncommon to find yourself overwhelmed. Particularly if you have a career and life of your own to work these responsibilities around.
If you are nominated as an Executor, not only are you required to manage the administration of the estate, but you are also faced with doing this while managing your grief. That is why people call on us to assist with the administration of an estate. We can help you locate the deceased’s assets and liabilities, tell you what you need to look for and who to contact. We make this challenging role far easier.
Our team can guide you through the process or do it all for you. We are also transparent in explaining what needs to be done and why. Don’t wonder about what needs to be done, let us take care of it for you
Our team assists Executors with the administration of estates every day. You do not need to do it alone.
If you are not familiar with the key responsibilities of your role as an Executor, here is a broad summary of your obligations:
You may have heard the term ‘probate’ being used. When a person dies, an Executor (or Executors) are usually appointed under the Will to manage the deceased person’s estate. A ‘Grant of Probate’ is a legally binding document that authorises the Executor/s to maintain the estate, in accordance with the stipulations that appear in the Will.
If probate is denied, meaning that the Will is considered invalid (the same as if there was no Will), then the next of kin can make an application for a Grant of Letters of Administration.
Letters of Administration is the process of applying to the Court who then appoints an Administrator to distribute the assets and pay any liabilities from the estate. Then, the Administrator effectively takes on the responsibilities of an Executor.
If you are seeking a Grant of Probate or Letters of Administration and would like the assistance of our lawyers who serve clients across greater Sydney, call our team to organise an appointment and get the process started.
ESTATE ADMINISTRATION & PROBATE LAWYERS SYDNEY
Our highly experienced team can assist you with this process.
All in all the process can take up to a year or longer, and if there are business interests or trustee responsibilities, your involvement will extend far beyond that.
The role can be overwhelming because all of this needs to be fit in alongside the obligations of your existing everyday responsibilities. The consequences of not fulfilling your obligations are also significant. This role is not without its risks.
We help people with the estate administration process. We walk you through the process in the right order so you can fulfil this role and your obligations correctly, in the most time-efficient way. You don’t need to do it alone
In the event that there is a dispute or claim made in relation to provisions not being made for someone known to the deceased, or if there is a dispute about a beneficiary’s share, you will need legal advice and assistance through this process.
Rather than allowing an estate dispute to escalate before seeking legal advice, seek legal advice early to ensure that any steps you do take, do not jeopardise the obligations of your role or put you personally at risk. Generally speaking, it is best to aim to resolve disputes quickly as the estate diminishes with the additional legal fees that a prolonged or drawn out dispute brings.
Alternatively, you may well benefit from the more direct or ongoing involvement of an estate disputes lawyer with experience in resolving issues like these, who can help you fulfil your obligations and minimise your risk as the Executor of the estate.
ESTATE ADMINISTRATION & PROBATE LAWYERS SYDNEY
Early advice is best when there is a potential claim on an Estate or conflict.
If you are seeking information about the topics below, click on the title to learn more.
We regularly assist people with estate administration and support them through the processes. We identify what needs to be completed first and advise them about what can wait. We help Executors locate the Will, guide them to locate investments, property and other assets, as well as any liabilities.
We also help them fulfil their role to protect the estate, particularly if there are disputes about provisions in the Will.
Our team of estate lawyers show great care and compassion for all of our clients who are faced with managing these obligations, along with their grief. Making the process easier for them is what we do best.
ESTATE ADMINISTRATION & PROBATE LAWYERS SYDNEY
Our team are ready to assist or guide you to fulfil your obligations as Executor.
