Services

ESTATE ADMINISTRATION

2s

What to do Immediately After the Death of a Loved One

Upon the passing of an individual, the responsibility of managing the deceased’s estate and organising funeral arrangements falls to the Executor of the Will or an Administrator.

It is crucial to be familiar with the steps involved in estate administration, whether you are in the midst of drafting your Will or are tasked with executing or overseeing the estate of someone who has passed away.

Estate Administration for Executors and Next of Kin

To aid Executors and Next of Kin during this difficult time, we have compiled a comprehensive guide to estate administration, detailing the practical measures to be undertaken following a death. The guide is structured to provide clarity on the actions required in the immediate aftermath and the subsequent weeks and months, divided into segments.

The extensive requirements set out in our comprehensive guide may seem overwhelming. If you would like our assistance to finalise the administration of the estate on your behalf, reach out to the team today to discuss your options. For considered, competent advice, contact the team at Champion Contested Wills today!

Immediate Steps

Our guide on estate administration delineates the essential steps to be undertaken following a person’s death.

In the immediate aftermath of a death, certain critical tasks must be addressed.

The foremost step is to ascertain who holds the legal authority to make decisions and whether they are prepared and able to manage the estate’s execution.

priscilla-du-preez-K8XYGbw4Ahg-unsplash
logo_icon-outline

Identify the Executor or Administrator

An Executor or Administrator is tasked with fulfilling the deceased’s final wishes, typically concerning funeral arrangements and the administration of the estate, which includes allocating assets to the beneficiaries specified in the Will, if one exists. A Will usually names the appointed executor(s).

Locate the Will

Locating the Will at the outset of the estate administration process is imperative. You will need to determine whether the deceased had a Will and then locate it. The Will, serving as the last testament of the individual’s wishes regarding their property and assets, will largely guide the subsequent steps of the process.

The deceased may have left the original Will or a copy with you, especially if you are the Next of Kin or designated Executor. Commonly, Wills are stored in the drafting solicitor’s safe custody or perhaps in a bank, often within a safe deposit box or sealed envelope. If the storage was solely in the deceased’s name, access is typically granted upon presenting written evidence of your executorship. This usually involves showing a copy of the Will, if available, and your identification to the bank. For considered, competent advice, contact the team at Champion Contested Wills today!

Where there is no Will

In the absence of a Will, it becomes necessary to identify the most senior Next of Kin available who is also willing and capable of assuming the role of Administrator.

The duty of an Executor or Administrator is to act with integrity and prioritise the best interests of the deceased’s estate. Their responsibilities include appraising the estate’s value, managing it, and ensuring the rightful distribution to the beneficiaries.

Under the laws of intestacy, when an individual passes away without a legally recognised Will, the estate is allocated according to a predefined formula established by state or territory legislation.

While the specifics may differ slightly across jurisdictions, typically, in the absence of a Will, the estate is distributed to the surviving spouse and children by default. In the event there are no such immediate family members, the estate is then passed on to other relatives.

When Multiple Wills Exist

In situations where multiple Wills or different versions of a Will are discovered, it is imperative to ascertain which one is legally valid, as this is a critical aspect of the estate administration process.

Should there be uncertainty regarding the validity of a Will, it is advisable to seek the expertise of an estate planning specialist. For assistance at any point during the estate administration process, please do not hesitate to reach out for support.

For considered, competent advice, contact the team at Champion Contested Wills today!

Important Notice

This article is provided for general interest and informational purposes only. It contains general information and is not tailored to individual circumstances. It does not constitute legal advice and should not be relied upon as such. Always seek the advice of a qualified legal practitioner for specific legal advice tailored to your needs and circumstances. While every effort has been made to ensure the accuracy of the information at the time of writing, applicable laws may change.

Liability limited by a Scheme approved under Professional Standards Legislation.

Copyright © 2024 Author Champion Contested Wills

Talk To Us Today

Let us help you create your Legacy your way or let us champion your cause. Book your free 30-minute telephone consultation today, or just call our Director on 0481 523 372 between 7am and 10pm (Monday to Friday) or email at info@championcontestedwills.com.au

For our Edgecliff and Parramatta offices 02 8324 7512 between 8am and 6pm (Monday to Friday)

For Queensland call 1300 229 180 between 8am and 6pm (Monday to Friday) 

GET IN TOUCH