Deceased Estate Administration
Deceased Estate Administration
Should you find yourself as the executor of a will you may require assistance with administering the will. To somebody who has never been an executor, administration of a deceased estate can be quite daunting and complex.
Southside Legal Gold Coast provides full deceased estate administration services. These services include:
- securing probate for the will;
- contacting all creditors and debtors and arranging for distribution of the deceased estate pursuant to the will;
- making application for letters of administration if no will or if an executor is not named in will;
- attending to transmission of land pursuant to will;
- recording a record of death on a land title deed;
- dealing with all beneficiaries enquiries including parties who may wish to challenge the terms of the will;
- providing clear advice to you as an executor so that you can confidently know that you have fulfilled your legal responsibilities in this role
Southside Legal Gold Coast provides economical services and will keep you full informed at all times of progress being made with the deceased estate administration.
Please do not hesitate to send us a free ‘no obligation’ enquiry by clicking on the ‘quick enquiry form’ that is found on the right hand side of this page. We will get back to you quickly.
Make A Free Enquiry
Call us now on 07 5598 3266 or click on the “enquire now” tab on the right hand side of this page and we will be delighted to help you.
Frequently Asked Questions
I am an executor and a claim is being made against the estate.
The executor has an obligation to uphold the terms of the will. However, if there is compelling evidence that the will would likely be set aside or a claim allowed, the executor does have powers to settle matters on an out of Court basis. In this situation, it is essential that you obtain legal advice. In most circumstances the legal costs of the executor will be paid from the estate.
How do I know if I have a good claim?
It is important that you seek legal advice as soon as possible. There are time limitations that apply. We will be able to advise you on your first consultation whether we think you have good prospects of making a claim or not.
It is expensive to contest a will?
It can be expensive, however in certain circumstances we may hold our fees until conclusion of the matter. For example, if a family provision application was made and we felt that the claim had merit and was reasonable, there is a possibility the deceased estate would pay your legal costs. This is an issue that needs to be looked at on a case by case basis.
Can I contest a will?
In some circumstances a will can be contested. If you are a spouse, a child or financially dependent upon a testator and you feel that you have not been adequately provided for in the will, there is a possibility you may be able to make a family provision application. Further, if you believe that the person who made the will did not have testamentary capacity (perhaps suffering from dementia or illness) then the will could be contested. Further, if you felt that there had been undue influence or duress exerted over the person who made the will, then it is possible that an application may be able to be made.
Why shouldn’t I use a “will kit” will?
The problem with using a will kit is that you can inadvertently write down instructions that are not clear, or you may not consider all the relevant issues. We regularly see disputes arise over wills that have been prepared through a will kit where the person who made the will has not thought of all eventualities, or simply has written down confusing directions. If you are going to make a will it is best to get it right.
Is it difficult to make a will?
No. Contact us and we will discuss the basic issues involved and then we can prepare a legally enforceable will on your behalf and arrange for it to be signed by you.
Do I need a will?
It is extremely important to have your own will. If you do not have a will your assets will be distributed pursuant to the rules of intestacy. These are a relatively complicated set of rules that try and deal with various situations. There is a high chance that the rules of intestacy will not distribute your assets in the way that you would likely intend.