Estate Practice Group

Estate & Trust Administration

When a person dies, it is usual that an estate administration is required. Our lawyers are trained to advise and assist you in all aspects of estate administration, including advising about:

• Probate
• Executor's Duties
• Beneficiaries Rights
• Trustees Obligations

Back to TopProbate

Obtaining a Grant of Probate is the process of having the last Will of the person who died lodged with the Supreme Court to allow the Court to make an Order that the Executors can proceed with the administration. A Grant of Probate, or Letters of Administration (if there is no Will), is required to empower the Executor to deal with the Estate assets and carry into effect the intentions of the Willmaker. We provide a high level of service to our Executor clients, to ensure that all of the necessary steps are undertaken in obtaining a Grant of Probate, and administration the Estate. Our costs in administration are generally significantly lower than trustee institutions. Our lawyers provide a comprehensive, efficient and cost effective service to assist you to obtain a Grant of Probate or Letters of Administration, and assist you as necessary with the administration of the Estate.

Back to TopExecutor's Duties

Executor's duties are the obligations that the Executor of a Will has to carry out, after the death of a Willmaker. The particular things that an Executor must do in each case will vary depending on the size, nature and circumstances of the Willmaker's Estate. Our lawyers are trained to advise you on all aspects of Executor's duties, and to assist you as required to perform these duties. We also provide a full service to Executors where we do all of the necessary work, in consultation with the Executors, which will greatly reduce the time and stress associated with acting as an Executor, if this is something that you require. We can also assist and advise Executors when there is a challenge to a Will.

For more detailed information on Executor's duties please download our Notes on Executor's Duties from Our Publications.

Back to TopBeneficiaries Rights

Beneficiaries named in Wills do have rights. These rights include a right to have the Estate administered properly, and to have a proper accounting. We frequently advise beneficiaries about their rights. Our lawyers assist and advise beneficiaries to understand and enforce those rights where they are being ignored or infringed by Executors. We have successfully protected beneficiary rights in a number of Tasmanian Estate matters, including by proceeding to litigation, if that is the appropriate means of enforcement.

Back to TopTrustees Obligations

Some Wills create life estates, testatmentary trusts and other Estate Planning devices which require the appointment of trustees. Our lawyers are trained to advise and assist trustees in all aspects of Estate and trust administration, and to protect the interest of the Executors and Trustees.

 Back to Our Services

• Estate Planning - Wills

• Estate & Trust Administration

• Estate Disputes

• Other Estate Planning Documents and Advice

• Structuring and Asset Protection