ESTATE & TRUST ADMINISTRATION

About Estate & Trust Administration

Many Tasmanian families choose WMM Law to help them finalise the legal and financial affairs of a family member who has died.

Clients choose WMM Law because we are one of Tasmania’s leading providers of Estate & Trust Administration services to private clients.  We have a team of specialist lawyers and support staff focused on this area.   Our staff are empathetic, practical and expert.  We work with our Executor, Administrator and Trustee clients to provide the level of service our clients require.

Administering an estate or trust can be a demanding, time consuming and difficult task.  We can assist with this process for you.

Our Estate & Trust Administration Practice area is headed by Director Kate Moss.

Director Kate Moss has spent her legal career in Estate Administration and post death assets administration, and dealing with superannuation entitlements, coronial matters, and insurance.   Kate regularly wins praise from clients who value her assistance through a difficult time.

Associate Megan Bird and Lawyer Sean Oosthuizen, work with Kate Moss in the Estate and Trust Administration practice area of WMM Law.   Megan and Sean concentrate on providing advice to Executors and Administrators about their role and responsibilities, and providing high level services across all aspects of estate and trust administration.

Probate Applications

Where a person dies and leaves a valid Will, usually a Grant of Probate must be obtained from the Supreme Court of Tasmania in order for the Executor to administer and distribute the estate in accordance with what that Will provides.

Services offered by WMM Law

• advice to Executors immediately following a death as to the process and requirements for obtaining Probate
• preparation of the documents required to obtain Probate
• applications for Probate
• special/unusual applications for Probate
• advice and representation when disputes arise about testamentary capacity
• probate caveats
• searches of the Probate registry
• subpoenas to produce a Will
• advice and representation in disputes about the validity of a Will
• citations to named Executors
• reseals of interstate and overseas Grants of Probate in Tasmania
• exemplification of Probate
• renunciations of Probate
• advice and representation in disputes between Executors
• obtaining Probate in other Australian states and territories, and obtaining reseals of Grants of Probate in other Australian states and territories
• obtaining Probate overseas, and obtaining reseals of Probate overseas
• probate disputes – see the Estate & Trust Disputes practice area of our site here
• a full range of estate administration services

Letters of Administration

Where a person dies without a valid Will, usually a Grant of Letters of Administration must be obtained from the Supreme Court of Tasmania in order to appoint an Administrator to call in, administer and distribute their estate.  The distribution of the estate will be in accordance with what are known as the laws of intestacy.   Letters of Administration are also required if there is no available executor.

Services offered by WMM Law

• advice to beneficiaries and other people interested after a death, about the process and requirements for obtaining Letters of Administration
• advice about how the law of intestacy applies to the estate
• advice about who can apply for Letters of Administration
• preparation of the documents that are required to obtain Letters of Administration
• applications for Letters of Administration (where there is an intestacy)
• applications for Letters of Administration with the Will Annexed (where there is a Will, but no available Executor)
• special/unusual applications for Letters of Administration
• probate caveats
• searches of the Probate registry
• citations to persons with a prior or equal right to Letters of Administration
• reseals of interstate and overseas Grants of Letters of Administration in Estates
• obtaining Letters of Administration in other Australian states and territories
• obtaining Letters of Administration overseas
• probate disputes – see the Estate & Trust Disputes practice area of our site here

Administration of Estates and Trusts

Administering an estate or a trust for the benefit of others can be a demanding, time consuming and difficult task.   We can assist with this process for you.

Services offered by WMM Law

• full range of Estate Administration services
• full range of Trust Administration services
• administration services and advice for Attorneys acting pursuant to an Enduring Power of Attorney
• tax compliance for Executors, Administrators, Trustees and Attorneys with the accountant appointed for that purpose
• life insurance claims
• superannuation death benefit claims
• survivorship applications for Joint Tenancies
• transferring the ownership of real estate to an Executor or Administrator
• transferring the ownership of real estate from an Executor or Administrator to a beneficiary
• full range of Commercial and Property Law services for transactions involving the assets of an estate or trust
• conveyancing of estate properties, including estate sales by auction and drafting of special conditions for contracts
• advice and representation for family members and Executors or Administrators in the event of a coronial enquiry
• advice and representation to the Executor or Administrator in the event of a claim against the estate
• advice and recommendations to Executors and Administrators about issues and difficulties arising during their administration
• applications to the Supreme Court for advice and direction, by the Court to Executors, Administrators and Trustees
• advice to beneficiaries about their interests and rights in relation to an Estate or other form of Trust
• administration of ongoing Trusts
• advice and assistance to controllers and key beneficiaries of Testamentary Discretionary Trusts
• advice and assistance relating to the change of Trustees, Appointors, Protectors and other controlling roles relating to Trusts

Administration of Superannuation Death Benefits

Often steps need to be taken after a person’s death to control and complete the appropriate payment of their superannuation.

WMM Law has particular experience and expertise in relation to superannuation generally, and in this area in particular.

Services offered by WMM Law

• claims to superannuation funds seeking the payment of superannuation to an estate, or to eligible persons
• advice and representation when disputes arise in relation to entitlements to superannuation
• advice to potential beneficiaries of superannuation in relation to making a claim, and when a superannuation fund makes a “claim staking decision”
• advice and representation if a complaint is made to the AFCA
• advice about the taxation of superannuation death benefits
• administration and winding up of Self Managed Superannuation Funds after the death of a sole member or controller
• a full range of Estate Planning advice and documents to ensure the appropriate control and taxation of superannuation death benefits in accordance with the wishes of the member
• advice to superannuation funds asked to exercise a payment discretion about the payment of superannuation death benefits

Reseals of Probate or Administration

When a Grant of Probate (or a Grant of Letters of Administration) is obtained in another Australian State or Territory, it is sometimes necessary to have that Grant “resealed” in Tasmania.

A Grant made overseas may also need to be resealed in Tasmania.

You can find detailed information about the benefits of instructing WMM Law to apply for Reseals of Probate or Administration here.

Probate Caveats

When a dispute arises after the death of a person about the validity of their Will, or about who is entitled to administer their estate, persons with an interest in the estate may often be well advised to file a “Probate Caveat” with the Supreme Court of Tasmania.

You can find detailed information about the benefits of instructing WMM Law in relation to Probate Caveats here.

Executor’s Commission

Executor’s Commission generally refers to a payment that can be made to an Executor (or an Administrator) in recognition for their time and trouble in administering an estate.

Services offered by WMM Law

• advice to Executors, Administrators and beneficiaries as to whether, and to what extent, an award of Executor’s Commission may be available
• advice including estimates of the amount of Executor’s Commission likely to be awarded by the Supreme Court
• negotiating awards of Executor’s Commission
• preparation of estate accounts required to support an application for Executor’s Commission
• applications to the Supreme Court seeking (or opposing) an award of Executor’s Commission
• documenting agreements between Executors or Administrators and the beneficiaries they represent about Executor’s Commission
• drafting special clauses for Wills providing for a tailored solution when a Willmaker wishes to provide for particular benefits and/or payment to their Executors
• advice and representation for other lawyers appointed as Executors about Executor’s Commission

Construction and Rectification of Wills

Not all Wills are without problems.   Sometimes their meaning needs to be ascertained (“construction”), or due to a problem with their provisions a Will needs to be fixed (“rectification”).

This is a specialist area of the law, and expert advice should be obtained from us.

Services offered by WMM Law

• advice to Executors, Administrators and beneficiaries about the construction of a Will
• assistance to negotiate a resolution to construction issues
• applications to the Supreme Court of Tasmania for the construction of a Will
• applications to the Supreme Court of Tasmania for the rectification of a Will
• advice and representation in relation to Statutory Wills

This is how WMM Law can help you with your Estate and Trust Administration

Services offered by WMM Law in this area include those outlined above.

WMM Law has highly trained lawyers with expertise and experience in this area of the law.   You can review their profiles here to choose who would be most suitable for you and your family.

Make an enquiry or arrange an appointment with us here, to benefit from our expert advice and solutions available to you in this area.

What WMM Law Publications are Available About Estate and Trust Administration?

Readers are encouraged to save this material for their future reference, or to share it by email or other means with friends or family who may have an interest or need for our expert advice and solutions in relation to this legal issue.

If you are interested in learning more, publications written or contributed to by members of WMM Law about this area of the law can be accessed here.   You can access (or, for some materials, purchase) case reviews, newsletters, articles, professional papers, and details about books and professional development material that our lawyers have written or contributed to as part of this practice at WMM Law.

We encourage you to share in our expertise.