Maddens Lawyers

DECEASED ESTATE ADMINISTRATION

The administration of a Deceased Estate involves executing the wishes of a person who has passed away, in line with their last Will and Testament.

It is typically a process that requires sharp attention to detail, as well as great sensitivity and care.

Maddens Lawyers Deceased Estates Department has many years of experienced in administering Deceased Estates and can carefully and helpfully guide Estate Executors and Beneficiaries through the process.

What is an Estate?

An estate is the collection of what is ‘left behind’ by a person after they die – their assets and liabilities.

ASSETS can include:

  • Property (provided it is not jointly owned with another person – see below)
  • Banked savings
  • Shares, stocks and bonds
  • Motor Vehicles
  • Furniture
  • Personal effects, such as jewellery and other personal items.

Assets typically DO NOT include:

  • Property jointly owned with another person (The deceased’s share of the property passes to the other owner when the will-maker dies) Superannuation and life insurance proceeds paid to a beneficiary (rather than to the estate)
  • Undistributed assets of a family trust

LIABILITIES can include:

  • Mortgage
  • Debts
  • Unpaid taxes

Do you have a valid Will? Contact us to discuss your Will.  

Who is an Executor and what do they do? 

An executor is a person who has been appointed in a Will to carry out the will-makers wishes, as set out in the Will.

Their duties include:

  • Locating the deceased's most up-to-date Will
  • Determining what the duties and powers set out in the Will are
  • Looking after the deceased's assets
  • Paying the deceased's debts
  • Distributing the assets the deceased has left behind, in accordance with their Will
  • Arranging the funeral if the deceased has not already made arrangements

As the person appointed to carry-out a Will-maker's wishes, an executor of a Will holds a a position of great importance and trust. It is vital this position is carried out carefully and honestly.

Maddens Lawyers Deceased Estates team is available to ensure the Executor of a Will is aware of, and across their duties and obligations. Contact us for more information about what this role entails. 

Who is a Beneficiary?

A beneficiary is a person or entity that receives benefit from a person's estate.

A beneficiary can be an individual, an organisation or a charity.

The administration of a deceased estate is a complex process that can take some time before all details have been settled and distributed.

Contact us to discuss the process and what it involves.  

I believe the Will is unfair. What can I do?

If you believe you've been unfairly provided for in a Will, you can contact our experienced Will Disputes team.

Read more about our expertise in this area here. 

Deceased estates administration

"Administering a Deceased Estate is a process that requires great attention to detail, as well as great sensitivity. Our Deceased Estates division are experts in both."

Contact our Deceased Estates Administration Experts today

Robert Cole

Robert Cole

Principal

PH: 03 5560 2000

Jeanette Miller

Jeanette Miller

Paralegal

PH: 03 5560 2000

Anita Finn

Anita Finn

Paralegal

PH: 03 5560 2000