ESTATE ADMINISTRATION

The Wills & Estates Team provides full Estate Administration services as set out below.

Probate

A grant of probate confirms your authority to act as executor of the estate. It also protects you from potential claims by beneficiaries.

To obtain a grant of probate from the Supreme Court, you must prove to the court that:

• The person named in the will is deceased;
• The will is in fact the last will of the deceased person; and
• You are in fact the executor named in the will.

This is proven by affidavits (sworn statements) verifying these details.

We can apply to the court for a grant of probate on your behalf.

Letters of Administration

If there is no valid will, or if the executor named in the will cannot (or will not) act as executor, a grant of “letters of administration” may be obtained instead of probate. A grant of letters of administration confirms your authority to act as administrator of the estate. It also protects you from potential claims by beneficiaries.

To obtain a grant of letters of administration from the Supreme Court, you must prove to the court that:

• The person is deceased;
• There is no will of the deceased person (or that the executor named in the will, cannot or will not act as executor); and
• You are the person entitled to administer the estate.

This is proven by affidavits (sworn statements) verifying these details.

We can apply to the court for letters of administration on your behalf.

Transferring Land from the Name of a Deceased Person

We can arrange for land to be transferred from the name of the deceased person to your name as executor/administrator/beneficiary of the estate.

Claiming Superannuation

We can assist you in dealing with the trustee of a super fund, to claim superannuation benefits.

Acting as Executor (appointed by your will)

If you do not have a family member or friend you wish to appoint as executor, the partners of Quinn & Scattini can carry out this role. We do not charge any fees or commission for simply being your executors. We only charge our normal fees for administering the estate.

Advising Executors and Administrators

If you are an executor or administrator, we can advise you about your obligations, and can assist you with the administration of the estate.

Fully Administering an Estate

Many executors and administrators prefer to delegate to us the task of administering the estate. We can take care of it for you.

Guardianship & Administration Tribunal (“GAAT”)

Not every estate is a “deceased estate. ” Sometimes the “estate” and affairs of a living person need to be managed. This may involve making decisions about financial matters, or about personal/health matters. If there is no EPA (see above), we can assist with an application to the GAAT. If you want to make the application yourself, we can assist you and give guidance on the procedures. Or if you want us to make the application for you, we can do so.