Probate & Estate Administration

When a person passes away, their remaining estate including any assets such as property, bank accounts, and superannuation has to be divided amongst their beneficiaries. 
 
If a legal Will is in place, an Executor is identified in that Will as the person or persons responsible for ensuring the asset pool is distributed according to the deceased’s wishes.
 
In some cases, a person appoints a solicitor as their Executor. In other cases, family members or trusted loved ones are appointed and they need the help of a solicitor to administer the estate in accordance with the law and the terms of the Will.
 
At Coleman Greig, we can take the stress out of administering a Will for you. We are able to assist with all of the legal and practical aspects of estate administration including organising probate, taxation obligations, liaising with banks and superannuation funds, locating beneficiaries and any necessary documentation.

For more information, or to make an appointment at one of our offices, please select from the below.

Probate & Estate Administration - Our Clients

The Wills & Estate Planning team at Coleman Greig can provide assistance to anyone who is looking for advice or representation in this area.
 
We can help individuals and families with the planning of their estate and the preparation of legal tools such as Powers of Attorney and Enduring Guardianship. We can also provide assistance with the administration of estates to those appointed Executors of a Will, and advice to those who may feel they have a legitimate challenge to a Will.
 
“Thanks very much for assisting me in reaching my goal of having a will and an enduring power of attorney all sorted out. The process once I started the ball rolling, was I must say very smooth and an enjoyable experience…..  Again, thanks for your advice, words of wisdom and assistance.”
                             Charles Warda

Publications

  • Claiming Executor’s Commission - 3 Apr 2019
    Rosemary Carreras
    Whilst many of our clients appoint their own children as their Executors - in circumstances where they are looking for an impartial voice, or the will maker is concerned that their family members lack the qualifications directly relevant to the task at hand, people often turn to trusted professional advisors such as accountants, financial planners or lawyers to have them act as their legal personal representative.
  • A step by step guide to administering a deceased estate - 17 Oct 2018
    Louisa Daniels
    The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. With this in mind, we have put together a guide to help walk you through the basic steps involved in administering a deceased estate.
  • Performing your Duties as a Trustee:  When can the Court provide guidance?  - 22 Mar 2018
    Rebecca Hegarty
    The Court can sometimes provide guidance or advice for a trustee faced with a difficult decision in the course of administering its duties.  However, there are parameters around when the Court will provide such advice, and similarly when it will decline to do so.
  • What happens when there is conflict between the Executors of a Will? - 2 Mar 2018
    Rosemary Carreras
    When conflict arises between executors, it usually results in delays in the administration process, increased costs and stress to all interested parties.  So what can we do as advisors to help guide our clients on who the appropriate people are to appoint and hopefully remove or minimise the potential for conflict? 
  • What impact does having assets overseas have on your Will?  - 22 Feb 2018
    Louisa Daniels
    If you do have assets in more than one country, it's important to ensure that your Will properly disposes of your worldwide assets - not just those in Australia.  One available option is to make a single Will disposing of all of your assets.  Alternatively, you can make a separate Will for each country in which you hold assets.
  • Choosing an Executor of your Will - Things to consider - 1 Mar 2017
    Rosemary Carreras
    The choice of your Executor, the person (or persons) you appoint in your Will to administer your estate when you pass, is a very important one. Here are some things to consider.
  • Five common mistakes made by executors - 31 Oct 2016
    Rosemary Carreras
    We’ve identified five pitfalls to avoid when you’re appointed as the executor of an estate.
  • The use of Discretionary Trusts in estate planning - 16 Nov 2015
    Rosemary Carreras
    Discretionary Trusts (often referred to as family trusts because they are typically used to distribute income amongst family members) are probably the most widely used type of trust structure.
  • What happens to your superannuation on your death? - 7 Sep 2015
    Rosemary Carreras
    Did you know that superannuation is a non-estate asset, meaning that it’s not automatically distributed in accordance with terms in your Will? Below are some things you need to know about who can receive your superannuation death benefits and how to ensure those benefits reach your intended recipients.
  • Plain English Guide to Estate Planning - 1 Jul 2015
    The aim of Estate Planning is to ensure ongoing financial security for you and your spouse during your lifetimes; and to secure a cost effective and seamless transition to your nominated beneficiaries after your death.
  • Plain English Guide to Making a Will - 1 Jul 2015
    Most of your life is spent working to build up assets. Making a Will is an essential step in ensuring that your assets pass to the people that you choose.
  • Plain English Guide to Testamentary Discretionary Trusts - 1 Jul 2015
    There are many structural benefits associated with Testamentary Discretionary Trusts including asset protection and taxation. This Plain English Guide answers some of the more commonly asked questions about creating a Testamentary Discretionary Trust, but remember that your lawyer is available to answer any other questions or provide advice when you need it.
  • Plain English Guide to the Role of Your Executor - 1 Jul 2015
    This Plain English Guide answers some of the more commonly asked questions about the role of Executor, but remember that your Lawyer is available to answer any other questions or provide advice when you need it.

Probate & Estate Administration - Useful Links