BTLawyers makes the grieving period for losing a loved one as stress-free as possible through effective Estate administration. We understand that losing a loved one is a difficult and confusing time for family and friends. Our goal is to make the grieving period as stress-free as possible by taking on the responsibility of administering the Estate. This ensures that you (the Executor) are provided with proper legal advice and the responsibilities of the Executor are appropriately met.
Responsibilities of the Executor can include:
- Arranging the funeral;
- Locating the Will (if any);
- Obtaining details of the assets and liabilities of the Estate;
- Protecting and insuring those assets adequately;
- Opening an Estate bank account (if necessary);
- Contacting the beneficiaries named in the Will;
- Notifying all creditors and debtors of the deceased’s passing including banks and other governmental departments;
- Applying for and obtaining a Grant of Probate or Letters of Administration with the Will if the assets of the Estate require;
- Gather all assets and transfer them to cash (or transfer to the intended beneficiary);
- Attend to payment of debts;
- Attend to payment of administration costs;
- Complete all documentation necessary to give effect to the transfer of Estate assets to intended beneficiaries;
- Understanding the 6 month statutory limitation period before distributing Estate assets in the event an eligible person commences a claim against the estate (Family Provision Application);
- Lodgement of the deceased person’s and the Estate’s final tax returns (if applicable);
- Distribute the Estate’s assets to the beneficiaries in accordance with the Will;
- Account to the beneficiaries all monies received by and paid from the Estate during the course of the Estate Administration; and
- Administration of the Estate as soon as reasonably possible.
Leaving a Will
When a person passes away leaving a Will, all assets owned by the deceased vests in the Executor appointed in the Will.
When a person passes away without leaving a Will or without a valid Will, this person dies “intestate”. In accordance with the Uniform Civil Procedure Rules (“UCPR”), the person responsible to administer the Estate is usually left to the surviving spouse or children.
Whether a person passes away leaving a Will or not, there is always an Estate left to be administered. This can range from a simple Estate to a complex Estate depending on the circumstances. In our experience, this can be very overwhelming and confusing for Executors. It can also be very time consuming and emotionally draining.
BTLawyers is here to assist you with the administration of your loved one’s Estate, without the stress of incurring a large legal bill at the end of the Estate administration. We provide an initial fixed fee quote which outlines the costs from start to finish for administering the Estate. This ensures the Estate you administer will be managed effectively.