At Ingwersen & Lansdown Solicitors, we’re here to help you navigate the legal and estate administration requirements surrounding the passing of loved ones.
We understand that losing a loved one can be deeply distressing. Our team is here to guide you through the legal complexities, ensuring a smooth and supportive transition during this challenging time. Whether you require assistance with Probate or Estate Administration, our experienced team is here to guide you through the process.
Partner, Nicholai Poulson and Senior Associate, Nicole Ainger lead the Probate & Estates Division of Ingwersen & Lansdown Solicitors.
If you would like Nicholai and Nicole’s vast experience to assist you to obtain Probate or with Deceased Estate Administration and other legal documentation, please call (07) 5589 2600.
A Grant of probate is a Supreme Court document that recognises someone’s authority to deal with the estate of a person who has passed away.
Probate is often needed before the Executor of a deceased estate can take control of the estate’s assets (administer the estate). Probate is the official recognition that a Will is legally valid by the Supreme Court in the jurisdiction where the Estate assets were held.
The role of an Executor or Administrator of a Deceased Estate may include:
- Locating the Will.
- Contacting beneficiaries.
- Meeting with relevant family and businesses associated with the Estate.
- Attaining Grant of Probate to recognise that the Will is legally valid and a nominated person has authority to deal with the Estate.
- Contacting asset holders including financial institutions, insurers, nursing homes and government agencies e.g. Medicare.
- Preparing all legal documents.
- Writing to asset holders including financial institutions, nursing homes, and government agencies e.g. Medicare.
- Locating, collecting and valuing assets including personal belongings.
- Verifying and obtaining insurance of assets.
- Assessing, managing and settling Estate liabilities, debts and tax.
- Maintaining financial records for the Estate including ongoing income and expenses.
- Distributing assets and disbursements to beneficiaries.
- Closing accounts with the relevant institutions.
- Preparing a final statement that includes the closing financial information including debts paid, costs, expenses, assets and how the assets were distributed.
The role of Executor can be a lengthy process and requires a lot of time, organisation and paperwork to correctly administer the Estate.
Family members and trusted friends are often appointed as Executor; however, the passing of a loved one can be a stressful and heartbreaking time so it is worth considering if the appointed person will have the headspace to be able to complete the tasks involved as well as the necessary time available and skills to act as Executor. Appointing a family member or friend as Executor may also cause conflict between beneficiaries e.g. between siblings, so it is worth determining if you think this is likely to happen and considering an alternative that may assist with reducing conflict and maintaining peace in the family unit.
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Coping with the loss of a family member or a close friend is one of the hardest challenges that you will face and you can be overcome by shock and confusion.
The last thing you will want to think about is what do you need to do now is to start figuring out the legal process. At Ingwersen and Lansdown, we provide experienced advice on what is the best estate structure for your family’s circumstances. Regardless of your asset diversity or the complexity of your family arrangements, our estate lawyers have the knowledge and experience to document your requirements with a minimum of fuss and expense. We will collaborate with your financial advisor to ensure the most tax-efficient arrangement is established.
Call our experienced team for a free quote on your legal services.
Please don’t hesitate to call to discuss Probate or Estate Administration for yourself or a loved one.
