When a loved one dies, you have to cope with the loss as well as make so many arrangements. At Estate First Lawyers, we understand what a difficult time this is, and our aim is to lighten your load. We help you to understand the Will and your obligations as executor. We can also help you with the legal paperwork to administer the Will and to make sure properties and other assets are transferred where they need to go, all with a minimum of fuss. This process is known as deceased estate administration. See our full range of Deceased Estate Administration services.
Getting the right advice
It is very important that you receive good legal and tax advice at this time, because there are practical tips and tax strategies that can potentially save the estate and the beneficiaries a lot of money. Executors also need advice on what they can and cannot do during the estate administration, and in what time frames, otherwise they risk being personally liable for any estate loss or incorrect transfer.
We’re here to help you
We offer an Estate Administration service in Queensland, New South Wales and Victoria. We will take the time to explain the process to you so that you are comfortable with each step along the way. So, no matter how large or small the estate is, we are here to help you.
Talk to Us Today
Please complete the form below. Alternatively, you can call us on 1300 132 567.
Because we focus only on estate work, we provide you with a professional estate administration service that is efficient and cost effective.
At our first meeting one of our experienced deceased estates lawyers will walk you through the process required to finalise your loved one’s affairs. We will advise you on whether you need a Grant of Probate and guide you on the paperwork that needs to be completed. Other important issues will also be discussed, such as tax effective strategies and ways to minimise your risk as an Executor. At the end of the meeting you will receive a written quote for the work to be done. Fees are fixed wherever possible.
You are under no obligation to proceed. You may also choose to do some parts of the work yourself and we are happy to provide you with guidance on those aspects as you need it.
If you are a first time client, we offer a special discount for your first consultation (up to 1.5 hours) of $350+GST.
When a person passes away, they leave behind assets which need to be distributed to beneficiaries, less any liabilities. The process of managing and settling these assets and liabilities, and the transition from the deceased person to the beneficiaries, is referred to as the ‘estate administration’. An executor (if named in the Will) or an administrator (if appointed by the Court because there is either no Will or no one named as executor in the Will) bears the responsibility for managing the deceased's affairs and transferring the assets to the beneficiaries. To verify the authority of the person named in the Will as executor to conduct this process, the Estate Administration process may involve obtaining from the court, a Grant of Probate. Where there is no Will or no named executor in a Will, and an administrator is required, then usually the next of kin for the deceased will have to apply to the court for what is called a Grant of Letters of Administration, in order to administer the estate. The estate administration process can be confusing, complex, and difficult to deal with especially after the loss of a loved one. An experienced estate administration lawyer such as the team at Estate First Lawyers can help guide you through this process and apply to the court for a Grant of Probate or Letters of Administration. There are specific duties and obligations that the executor or administrator owe to the estate and to the beneficiaries. In certain circumstances, if these duties are not accomplished, the executor or administrator can be replaced and/or might be held personally liable (for instance, in relation to unpaid tax liabilities of the deceased, distributing too early, etc). These risks are detailed more here. It is vital that an executor or administrator obtain professional advice from an estate administration lawyer during this process to minimise their personal risk.
What is the role of an Executor or Administrator of an estate?
In the administration process, an executor or administrator is responsible for conducting various duties and obligations, such as calling in assets into the estate, sorting the liabilities and distributing the estate in accordance with the last Will of the deceased (or if there is no Will, then in accordance with the rules around intestacy). Subject to the terms of the Will, the complexity of the estate and whether there are any disputes, the time it takes to administer an estate can vary from six months to several years. We find that we can complete most estates for our clients with uncontested matters within twelve months. The professional, experienced and understanding team at Estate First can assist you with the knowledge, guidance and support required to ensure that your loved one’s estate is handled efficiently and with care at this difficult time.
What are the Rights and Duties of an Administrator/Executor?
Executors and Administrators have a fiduciary duty to act in good faith and in the best interests of the beneficiaries of the estate. This means that the executor / administrator must properly and promptly administer the estate and must not act in a way that benefits them at the expense of the beneficiaries.
A summary of the typical duties of an executor / administrator are listed below:
Ensure that all estate assets are collected in;
Paying all debts of the estate (from the deceased’s assets);
Upholding the deceased’s wishes or promises (both inside and outside the Will);
Upholding contractual obligations of the deceased;
Initiating or defending legal proceedings on behalf of the deceased;
Keeping proper accounts and receipts relating to all estate assets and debts;
Maximising the value of the estate; and
Distributing the estate to the correct beneficiaries.
Why choose Estate First Lawyers for estate administration?
When a loved one dies, you have to make many decisions at a very emotionally challenging time. This can be even more difficult when coupled with the legal complexities involved in applying to the court for documents (such as a grant of probate or letters of administration), transferring assets (whether that is property through the titles office, shares on the ASX, or various requirements from banks, nursing homes and other institutions), or having the correct advice to know which liabilities of the deceased to pay. There are also tax implications with various transfers and knowing the right way to go can save thousands of dollars. One of our professional and experienced Estate Administration Lawyers can shoulder this heavy burden. Our Estate Administration and Trust Administration Lawyers are experts in this area, having had decades of experience specifically with estate administration matters. Where possible, we fix fee our services so that you have certainty around the professional fee. Contact our Estate Administration Lawyers to make an appointment or to find out more about how we can help you. Call Estate First Lawyers today on 1300 132 567 today. For estate administration services, we can assist you in Queensland, New South Wales and Victoria.
Testimonial
"My husband passed away… Both of our sons and myself met with Estate First Lawyers who were very compassionate and considered in their approach. We all felt reassured by our meeting, it was all very clearly explained. I would highly recommend Estate First Lawyers. Thank you."
Anna F
Testimonial
"I highly recommend Estate First Lawyers. My experience there has been very positive. The lawyer that I met with was very professional and efficient and gave good advice. They were very helpful and kind, especially at a time when my husband had just died."
Karen G
Testimonial
"All care, concern and respect was shown which made the experience a more comfortable experience, given the sadness surrounding the purpose of the visits."
Iris F
Testimonial
"I wish to thank you and your team at Estate First Lawyers, for your help and guidance in dealing with and finalising The estate. I think we made the right decisions to minimise outgoings from the estate, thereby delivering the best outcome for his beneficiaries. May I wish you and your team all the best for the future."
Rosemarie
Rated By Our Clients.
Built on Trust
Accreditations
Memberships | Committees | Boards
Estate First Lawyers are rated 5/5 based on 4 reviewsEstate First Lawyers
Find out more or request a fixed-fee consultation
Fixed Fee Consultation for up to 1.5 hours:
$350+GSTAustralia Wide
Talk to us for a no obligation free chat. If you are requesting an appointment, there is no fee required up front. You will be billed after your consultation.
If you proceed with a new Will after the meeting, the $350 + GST fee is absorbed into the Will price.
Important Covid-19 Message: We Are Here To Serve You
Estate First Lawyers is open for business, and we continue to assist our clients with their estate planning needs. Your safety, security and wellbeing are our priority.
We are able to meet with you face to face, and can witness your documents at our main office at Toowong, our Brisbane CBD office or on our regular visits to Sydney, Melbourne and Qld regional centres.
Alternatively, you can access our increasingly popular virtual service. We meet with you via Zoom for your initial appointment to fully discuss your estate planning or estate administration matter and provide you with our recommendations and a fixed fee quote.
Our virtual meetings are getting great feedback and it means that you can get your Wills, Enduring Powers of Attorney and other estate planning documents done from the comfort of your own home quickly and at the same quality service level that we are renowned for.
You do not need any software – we simply send you a link to the virtual meeting in an email. Our processes over the Internet are encrypted and meet a high level of security standard in line with Queensland Law Society guidelines.
Please feel free to contact us to make an appointment or with any questions by phone or email.