When someone passes away, managing their estate can be far more complex than many families expect. While a properly prepared Will can offer clarity, the administration process—ensuring assets are distributed, debts are settled, and legal obligations are met—often reveals issues that weren’t anticipated.
Even relatively straightforward estates can face complications, but where there are multiple beneficiaries, business interests, or valuable assets involved, the risk of delay or dispute increases.
What Is Estate Administration?
Estate administration is the legal process of carrying out the instructions in a person’s Will. It involves identifying assets, paying liabilities, applying for a grant of probate (if needed), and ensuring that beneficiaries receive their entitlements.
The appointed executor (or administrator, if there is no will) is legally responsible for managing this process. It can take anywhere from a few months to over a year, depending on the complexity of the estate and whether any issues arise.
Common Challenges Executors Face
Administering an estate can be straightforward—but it often isn’t. Some of the more common hurdles include:
- Unclear or outdated wills
If a Will hasn’t been reviewed for years, it may reference assets that no longer exist, omit newer family members, or create confusion about intent. This can slow down administration and create room for disputes. - Complex asset structures
Estates that include private company shares, trusts, investment portfolios, or property in multiple jurisdictions often require specialist advice and careful handling to avoid delays or compliance issues. - Disputes between beneficiaries
Even in close families, disagreements can arise—especially if there’s unequal distribution of assets, or if one beneficiary is also acting as executor. - Tax and compliance obligations
Executors must account for potential capital gains, ensure tax returns are filed, and handle any liabilities before distributing the estate. Missteps can lead to personal liability.
Planning Ahead: A Few Key Considerations
Many of the issues that arise during administration can be mitigated—if not avoided altogether—with the right planning.
Here are a few steps that make a real difference:
- Keep your Will up to date
Regularly reviewing your will ensures it reflects your current wishes, asset pool, and family dynamics. It’s particularly important after major life changes such as the sale of a business, a new relationship, or the birth of children or grandchildren. - Make your instructions clear
Ambiguity is one of the most common causes of estate litigation. Precise, plain language and clear guidance around how assets are to be distributed can save time, legal costs, and stress later on. - Consider the practicalities
Executors are responsible for everything from paying bills to managing legal paperwork. Appointing someone capable—and ideally independent—can help avoid unnecessary friction or pressure on family members. - Review non-estate assets
Not everything you own passes through your Will. Superannuation, jointly held property, and certain trust assets require separate consideration. A coordinated approach between your estate plan and your broader financial arrangements is key.
Estate Administration Done Well
When estate administration is approached with care and clarity, it can be a smooth, respectful process that reflects the wishes of the deceased and protects the interests of the family. But it requires foresight, legal guidance, and often, professional support—particularly where multiple parties are involved or where the estate includes complex structures.
At Perspective Law, we work with individuals and families to help them plan ahead—and when the time comes, we guide executors through the process with practical, timely advice. Whether you’re preparing your own estate plan or administering someone else’s, it pays to get the details right.
Need assistance with estate planning or administration?
Speak to the team at Perspective Law to discuss your situation in confidence. We’re here to help you make sense of the process—and ensure nothing is left to chance.
Call our team now on 07 3839 7555 or contact us to start your conversation today.