The primary role of an executor or administrator is to carry out the efficient administration of the estate according to the terms of the Will (if there is one) and the law. Executors and administrators are given a range of legal powers to carry out their role, and also bear a number of legal responsibilities to the beneficiaries.
Occasionally problems arise during the administration of an estate when executors are unable to reach an agreement amongst themselves or when beneficiaries raise objections regarding the executors’ decisions and actions. We can advise executors or beneficiaries about their legal entitlements, provide practical solutions and assist with communication between parties.
If the meaning of a Will is ambiguous or unclear, it may be necessary to make a construction application to ask the Court to interpret the Will.
If a complexity arises in the administration of the estate and an executor or administrator is unsure how they should carry out their obligations, then it may be wise to apply to the Court for judicial advice. An application for judicial advice provides an executor or administrator with the Court’s opinion or direction regarding the management of the estate and can protect against future allegations by beneficiaries that the executor or administrator failed to carry out their duties.
When conflict arises in the context of a deceased estate, it’s essential to have an experienced lawyer on your side to provide clear, thoughtful and expert advice. Tetlow Legal has extensive experience in estate matters and can provide you with expert legal and strategic advice to resolve estate disputes and facilitate the smooth administration of an estate.
If you need any assistance contact one of our lawyers at [email protected] or call 02 6140 3263 for a no-obligation discussion and for expert legal advice.