At de Groots, we understand that during the chaos and many demands of a divorce or annulment, updating your will may seem like a minor concern. However, it is critically important to review your estate planning during this time.

First, we will consider what Divorce is, what Annulment is and what the key differences are before discussing how these two situations will affect your general estate planning.

Divorce

Divorce refers to the legal termination of a valid marriage which is governed under Part VI of the Family Law Act 1975. In other words, divorce is the dissolution of marriage.

Under the Succession Act 2006 (NSW) divorce is “a divorce order in relation to the marriage” or “a divorce order in respect of the marriage” or “the dissolution of marriage” (s 13(6)).

Annulment

Annulment, by contrast, is when the marriage is treated as if it was never put into effect.

Under the Succession Act 2006 (NSW) annulment refers to “the annulment of the testator’s marriage by the Federal Circuit and Family Court of Australia”.

Succession Act 2006 (NSW)

The Succession Act 2006 (NSW) clearly identifies the effect of divorce or annulment on a will in section 13.

The section states:

(1) The divorce of a testator or annulment of his or her marriage revokes–

(a) a beneficial disposition to the testator’s former spouse made by a will in existence at the time of the divorce or annulment, and

(b) an appointment of the testator’s former spouse as an executor, trustee, advisory trustee or guardian made by the will, and

(c) a grant made by the will of a power of appointment exercisable by, or in favour of, the testator’s former spouse.

However, these provisions do not apply if a contrary appears in the will.

(3) The divorce of a testator or the annulment of his or her marriage does not revoke–

(a) the appointment of the testator’s former spouse as trustee of property left by the will on trust for beneficiaries that include the former spouse’s children, or

(b) the grant of a power of appointment exercisable by the testator’s former spouse exclusively in favour of the children of whom both the testator and the former spouse are the parents.

(4) If a disposition, appointment or grant is revoked by this section, the will takes effect in respect of the revocation as if the testator’s former spouse had died before the testator.

(5) Nothing in this section affects–

(a) any right of the former spouse of a testator to make any application under Chapter 3 of this Act, or

(b) any direction, charge, trust or provision in the will of a testator for the payment of any amount in respect of a debt or liability (including any liability under a promise) of the testator to the former spouse of the testator or to the executor or the administrator of the estate of the former spouse.

Challenges

Although these provisions may seem challenging, the legislation clearly ensures that your will operates as if your former spouse predeceased you.

For example, if Jacinta divorces Matt, then her gifts under her will are considered as if he has predeceased her.

Failing to update your estate planning documents following either of these life changes may lead to unwanted consequences such as not having appointed an executor you wish to deal with your estate.

How can de Groots assist?

de Groots wills and estate lawyers, which was established in 1986, specialises in wills and estate planning along with estate administration and estate litigation.

Our wills and estate team are committed to providing personal, confidential and professional advice tailored to your situation. The estate planning team assists clients in relation to estate planning ranging from simple to complex matters. We understand that every estate planning matter is unique, and our specialised team assists our clients who deal with a range of estate planning needs. This includes but is not limited to, straightforward estate planning needs such as simple wills to more complex ones, involving blended families, divorce and business protection,

If you are currently going through a divorce or annulment, or have experienced one in the past, it is important to review your estate planning arrangements to ensure they reflect your current intentions. We encourage you to contact our office to discuss how we can assist you in updating your will and other estate planning documents, and to provide guidance during what can be a challenging time.

By Isabel Ayoub – Solicitor

Brisbane – (07) 3221 9744
Sydney – (02) 9101 7000
Melbourne – (03) 9975 7321

Read More on:
The Importance of Regularly Reviewing Your Will
We are Never Getting Back Together – 5 Estate Planning Tips When Separating
When divorce isn’t the end

Connect with us on LinkedIn

The post How divorce and annulment affects your will appeared first on de Groots Wills and Estate Lawyers.

We also handle complex matters involving rural property, family trusts, blended families, and superannuation death benefits. We measure success by valid documents, probate granted, assets distributed, and families who remain on speaking terms.

Next, we’ll show what separates a properly drafted estate plan from a kit-form will that fails when it matters most.

Key Takeaways

• A valid will in Victoria requires two adult witnesses present at the same time, signing in the testator’s presence, per the *Wills Act 1997* (Vic) section 7.
• Probate in Victoria typically takes 6 to 12 weeks for straightforward estates, longer when assets sit across multiple states or include rural holdings.
• Family provision claims under Part IV of the *Administration and Probate Act 1958* (Vic) must be filed within six months of the grant of probate.
• DIY will kits cause an estimated 30% of contested estate matters in Australia, according to the Law Council of Australia.
• Estate planning covers more than the will itself, including binding death benefit nominations, enduring powers of attorney, and testamentary trusts.
• Fixed-fee wills typically range from $440 to $1,500 in Melbourne, while complex estate plans run $2,500 to $7,500 or more.
• Specialist firms with national footprints handle interstate assets without referring you to a second lawyer in another state.

What Makes a Will Legally Valid in Victoria?

A will in Victoria is legally valid when the testator is over 18, of sound mind, signs the document in the presence of two adult witnesses who also sign at the same time, and clearly intends the document to be their will. The *Wills Act 1997* (Vic) governs these requirements.

While the rules may seem simple, they trip up more Melbourne testators than any other estate-planning step. We’ve reviewed wills where one witness signed in the kitchen and the other signed in the lounge room half an hour later. That technically is in breach of section 7.

The witnesses cannot be beneficiaries, nor can they be the spouse of a beneficiary. If they are witnesses the testator risks voiding the gift to those beneficiaries. We also receive informal documents, voice recordings, and unsigned drafts after a death. Victoria allows the Supreme Court to admit informal wills under section 9, but the legal costs of that application often exceed $15,000.

A will should be reviewed every 3 to 5 years, or after any major life event, including marriage, divorce, the birth of a child, or the purchase of significant property.

How Does Probate Work for a Melbourne Estate?

Probate is the Supreme Court of Victoria’s formal recognition that a will is valid and that the executor has authority to administer the estate. The application is filed online through RedCrest Probate, with current waiting times of 4 to 8 weeks for uncontested matters.

Most Melbourne estates with real property worth over $50,000 or share portfolios held outside super require probate before assets can be transferred or sold. Banks vary in their thresholds. Commonwealth Bank, for example, generally requires probate for accounts over $50,000.

The executor’s job runs longer than most families expect. A typical estate administration timeline looks like this:

We usually advise executors not to distribute the estate until the six-month family provision claim window has closed. Distributing early exposes the executor to personal liability if a successful claim is later made.

When Can a Melbourne Will Be Contested?

A Melbourne will can be contested under Part IV of the *Administration and Probate Act 1958* (Vic) by an “eligible person” who has not been adequately provided for. Spouses, domestic partners, children, stepchildren, and certain dependents qualify. The claim must be filed within six months of the grant of probate.

Often, contested matters arise in blended families, where children from a first marriage feel sidelined in favour of a second spouse. Sometimes the dispute centres on a farm, a Melbourne investment property, or a family business in which one child worked for decades without payment.

The court considers the deceased’s moral duty, the size of the estate, the financial resources of the claimant, and the contributions made by the claimant to the deceased’s welfare or estate. Mediation resolves around 70% of Part IV claims before trial, according to the Supreme Court of Victoria annual reports.

We act for both executors defending claims and eligible persons making them. Either way, the legal costs in defended Part IV matters can easily exceed $80,000 per side, which is why early advice matters.

Do You Need a Lawyer to Make a Will?

You do not legally need a lawyer to make a will in Victoria, but DIY will kits cause a disproportionate share of estate disputes. The Law Council of Australia estimates that informal or poorly drafted wills account for around 30% of contested matters nationally. Saving $500 on drafting often costs the estate $50,000 in litigation.

Common kit-will failures we see include:

1. Witnesses who are also beneficiaries voiding the gift
2. Ambiguous wording about who gets the family home, or other specific assets
3. No alternative beneficiary if the primary beneficiary dies first
4. No provision for digital assets or cryptocurrency
6. No appointment of an executor, or no proper substitute appointment if the executor dies before the testator

Superannuation deserves a separate mention. Super does not automatically form part of your estate and is an important part of a testator’s estate plan.

Without a binding death benefit nomination lodged with the fund, the trustee decides who receives it. We’ve seen super balances over $800,000 paid contrary to the deceased’s wishes for this reason alone.

What Should a Complete Estate Plan Include?

A complete estate plan covers what happens when you die and what happens if you lose capacity while still alive. The five core documents are: a will, an enduring power of attorney (financial), an enduring power of attorney (medical treatment), an advance care directive, and binding death benefit nominations for each superannuation fund.

Because no two Melbourne families look alike, we tailor the structure to circumstances. A blended family with assets in Victoria and Queensland needs different protections than a young couple with one child and a mortgage.

Business owners need succession arrangements that survive the owner. Rural landholders need provisions that keep the property intact across generations.

A testamentary trust, established in a will, can also protect inheritances from divorce, bankruptcy, and unnecessary taxes. The income tax savings for grandchildren under 18 can exceed $4,000 per child per year, because trust income paid to minors from a testamentary trust is taxed at adult marginal rates rather than penalty rates.

FAQ

How long does probate take in Victoria for a Melbourne estate?

Supreme Court of Victoria timelines for an uncontested grant of probate currently run 4 to 8 weeks from filing through RedCrest Probate. Total estate administration usually takes 9 to 12 months from death to final distribution.

Estates with rural property, interstate assets, or contested claims can extend beyond two years. We advise executors to expect a minimum of 6 months before any distribution, as Part IV family provision claims can be filed up to 6 months after the grant.

What is the difference between a will and an estate plan?

A will is a single document that specifies who receives your assets after you die. An estate plan is the broader succession planning framework in Australia, covering testamentary documents, plus what happens if you lose capacity.

A complete plan includes your will, both enduring powers of attorney, an advance care directive, binding death benefit nominations for super, and where appropriate, testamentary trusts and family trust succession arrangements. The will is one piece of a much larger puzzle.

Can a will be contested in Melbourne under Victorian law?

Yes. Part IV of the *Administration and Probate Act 1958* (Vic) allows an eligible person who has not been adequately provided for to file a family provision claim within six months of the grant of probate.

Eligible persons include spouses, domestic partners, children, stepchildren, registered caring partners, and certain dependents. The court weighs moral duty, financial need, and contribution.

Most Part IV claims resolve at mediation rather than trial.

Do I need a lawyer to make a will in Melbourne?

Legally, no. Practically, almost always yes.

DIY will kits and online templates often fail to meet Victorian will validity requirements, to the point that the Law Council attributes around 30% of contested estate matters to them. Common failures include invalid witnessing, ambiguous gifts, no executor backup, and no provision for superannuation.

A solicitor-drafted will costs $440 to $1,500 in Melbourne. Litigation over a failed kit will often cost the estate fifty times that figure.

How much do wills and estates lawyers in Melbourne charge?

Fixed-fee wills in Melbourne typically range from $440 for a simple individual will to $1,500 for a couple with mirrored wills and basic powers of attorney. Complete estate planning packages with testamentary trusts run $2,500 to $7,500.

Estate administration costs are usually charged as a percentage of the estate value, generally 1% to 3%, plus disbursements. Contested matters under Part IV are billed at senior solicitor rates of $450 to $750 per hour, plus GST.

Conclusion

The right wills and estates lawyer protects more than assets. We protect the relationships that survive after the funeral.

Melbourne families come to us with everything from a single residential property to multi-state portfolios with rural holdings, family trusts, and businesses spanning three generations. We draft documents that hold up under scrutiny, administer estates without unnecessary delay, and defend executors when claims arise.

If your situation includes interstate assets, a family farm, or a business that needs to survive its founder, our succession planning and rural succession services build on the foundations that good will provides.

The post Wills and Estates Lawyers Melbourne: A Specialist Practice with National Reach appeared first on de Groots Wills and Estate Lawyers.

Perpetuity Period

Historically, the perpetuity period has been regarded as one of the more complex doctrines of equity with the rule imposing strict time limitations on the vesting of interests in assets. The Act, most notably for the purposes of this article, provided for an extension of the perpetuity period which permits the duration of a trust to be a maximum of 125 years.

Prior to the reforms brought about by the Act, Queensland adhered to the common law rule against perpetuities, under which interests in a trust were required to vest within a period measured by “lives in being plus 21 years”, or, pursuant to statutory modification, within a fixed period of 80 years. This framework often created practical difficulties, particularly for discretionary trusts used in estate planning where the requirement that a trust vests within 80 years often disrupted long-term asset management strategies and brought about potential adverse tax consequences.

Fixed Statutory Perpetuity

The commencement of the Act fundamentally altered this position in Queensland by replacing the previous rule against perpetuities and introducing a new fixed statutory perpetuity period of 125 years. Under the Act, trust interests must vest within 125 years from the date of their creation, unless a shorter period is specified in the trust instrument. As such, the uncertainty and technicality of life-based calculations is replaced with a clear time limit. It is important to note that the “wait and see” rule has been retained, allowing for a flexible and practical determination of Queensland trust law and the validity of trust distributions.

The amendments to the perpetuity period made by the Act will affect testamentary trusts, family trusts and other trust structures being established after 1 August 2025. It is noted that the extended perpetuity period may be applied to existing trusts, subject to Court discretion.

Property Law Act 2023

The Act introduces a significant and largely beneficial reform to the law of perpetuities in Queensland, by replacing a complex common law doctrine with a clear 125-year statutory period. If you wish to discuss the effects the Act may have on an existing trust in which you hold an interest or are interested in discussing the establishment of one, please do not hesitate to contact one of our experienced estate planning lawyers.

By Dannielle Wood – Associate

•••

From a practical estate planning perspective, this reform offers greater flexibility in structuring intergenerational wealth transfer and long-term family trust arrangements. However, it also places increased importance on careful drafting, particularly where clients may not intend for trusts to operate for the full statutory period. Consideration should be given to whether a shorter perpetuity period is more appropriate in the circumstances, as well as how the extended timeframe may interact with trustee discretion, beneficiary succession, and changing family dynamics over time.

Advisers should also be mindful that while the longer period may assist with asset preservation strategies, it may also prolong administrative obligations and complicate future variations or restructuring. Accordingly, regular review of trust deeds remains essential to ensure alignment with evolving legal and personal objectives.

Brisbane – (07) 3221 9744
Sydney – (02) 9101 7000
Melbourne – (03) 9975 7321

How de Groots can help you?
de Groots wills and estate lawyers, which was established in 1986, specialises in wills and estate planning along with estate administration and estate litigation.

Our wills and estate team are committed to providing personal, confidential and professional advice tailored to your situation. The estate planning team assists clients in relation to estate planning ranging from simple to complex matters.

Read More on:
A Matter of Trust: Estate Planning with Trusts
Deceased Estates and Trust Administration

Connect with us on LinkedIn

The post Rewriting Perpetuities appeared first on de Groots Wills and Estate Lawyers.

The post Elder Abuse and the Role of the Solicitor appeared first on de Groots Wills and Estate Lawyers.

The post Your burial or cremation and funeral appeared first on de Groots Wills and Estate Lawyers.

The post Family Provision Claim by Spouse of the Deceased appeared first on de Groots Wills and Estate Lawyers.

The post Marriage will revoke your will unless made in contemplation of marriage (NSW) appeared first on de Groots Wills and Estate Lawyers.

You might support charity for a variety of reasons

You are a responsible steward of wealth and want to support the next generation, or there is a cause especially meaningful to you: a hospital or medical research foundation, a school or university, a church or community organisation, the RSPCA, or a charity devoted to the often-neglected arts.

Perhaps, as the decades pass, you feel a yearning within to create a personal legacy, particularly if you don’t have direct descendants.

Charitable Bequests

There are two main methods to make charitable bequests: direct gifts – whether during your lifetime or through your estate – and more structured arrangements, such as charitable trusts or private ancillary funds that distribute income to your chosen charities over time.  Those longer-term structures can sometimes be tax-advantageous: donations to eligible charities may be tax-deductible, and the income earned inside a properly structured charitable vehicle is often taxed more generously than if you held those investments in your own name.

Under Australian law, for a gift to qualify as charitable it must be directed to a charitable purpose that falls within legally established categories, such as relieving poverty, advancing education or religion, or providing another benefit to the community.

When gifting to a charity under your will, precise legal drafting is crucial.  It is important to use the charity’s correct legal name (and ideally its ABN), to describe the gift clearly, and to include a substitution provision to cover the possibility that the charity has merged, changed its name or ceased operating by the time your estate is administered.

Cy-près Doctrine

Although the Supreme Court is sometimes empowered to make the gift to a similar charity under the cy-près doctrine if the charity designated in your will no longer exists, the process can be protracted and stressful for your executors and beneficiaries.  This application would inevitably drain your estate through legal costs, reducing what your beneficiaries – including your chosen charity – ultimately receive.

You may also wonder whether the direct, regular donations you make or intend to make during your lifetime will continue if you lose decision-making capacity.  This is where an enduring power of attorney comes to the rescue.  An up-to-date, properly drafted financial enduring power of attorney can enable those donations to continue, if that is your preference, should you lose capacity.  Although Queensland law allows an attorney to make limited gifts and donations that are consistent with your past giving and reasonable for your circumstances, it does not require them to do so.  If your enduring power of attorney is silent on this issue, a cautious attorney may decide to limit or discontinue charitable donations altogether.

Donations

The simplest way to avoid the unintended cessation of your donations is to have your enduring power of attorney expertly and explicitly drafted so that your attorney is clearly empowered to continue appropriate charitable giving on your behalf.

You may be gifting significant sums to a number of charities during your lifetime and after you have died.  It is important to obtain sound legal advice to ensure your gifts are received by the right entity and your wishes are carried out.

By Trisha-Kate Meehan – Solicitor

•••

By taking the time now to clarify your intentions, document them correctly, and ensure your estate plan supports both your personal values and practical objectives, you give yourself peace of mind and provide enduring benefits to the causes you care about. Thoughtful planning today ensures your generosity continues to make a meaningful impact long into the future. Please get in touch to speak to a specialist Wills and Estate Lawyer.

Read More on:
The Art of Bequest Planning
Estate Planning and Philanthropy

Connect with us on LinkedIn

The post Charitable Bequests appeared first on de Groots Wills and Estate Lawyers.

First, we will briefly touch on what your will specifically will cover when referring to your ‘estate’. Your ‘estate’ describes all assets and liabilities in your sole name or in which you have a discrete interest at the date of your death.  There is a distinct difference in the ownership of an asset with another in a joint capacity or as a tenant in common.  It is important that you understand the ownership status of your assets so that your will can deal with them appropriately.

Now, to address the reasons that may lead to you needing to review how your estate is to pass and update your will:

1. Life events like births, deaths, marriages, divorces and changed financial circumstances;
2. Taxation considerations;
3. Asset location; and
4. Potential disputes.

Life events

Major life events can dramatically affect how you wish for your estate to be distributed. Births, deaths, marriages, divorces and even changes in your or your family’s financial circumstances should prompt you to revisit your will.  For example, the birth of a child may require you to name a guardian or name the child specifically if you have other children already named in an existing will.  The death of a beneficiary may create the need to change your beneficiaries entirely.  Similarly, if you have recently been through a property settlement, divorce or separation, you will need to review your documents to understand the effect that this will have on your estate plan to the extent that your ex-spouse or ex-partner is included in it.  Further, if you marry or enter into a civil partnership, your will may be revoked.

Taxation considerations

The laws covering estates, taxes, and inheritance can change over time and special consideration should be given where you have assets or named beneficiaries in different jurisdictions.  In particular, the tax treatment of your estate might differ at the time of your death from what it was when you first drafted your will.  Regular reviews with a specialist estate planning lawyer can help to ensure your will is up-to-date with current legal and tax requirements and minimise any potential issues and avoidable tax bills for your estate and/or your beneficiaries on your passing.

Asset location

It is important to note that different states, countries, or regions have varying laws regarding inheritance, taxation, and the execution of wills.  Some jurisdictions may impose estate or inheritance taxes on the value of the assets you leave behind, while others may not.  The location of assets is particularly important because different jurisdictions may have laws which govern how property is transferred upon death that supersede the implementation of a will if not properly considered.  If you purchase assets in different jurisdictions, you may need to create multiple wills and update your existing plan to ensure that each asset is distributed according to your wishes, in satisfaction of the laws of that jurisdiction and without inadvertently cancelling each other out. Maree Harris’s article in this edition of Heirtight on cross border inheritance planning provides further detail on this aspect of succession law and how important it is in the greater scheme of your estate planning.

Potential disputes

Failing to review and/or update your will regularly may lead to confusion or disputes amongst your loved ones upon your passing.  If your will does not reflect your current wishes, as at the time of your death, family members may disagree about your wishes.  Expressing intentions to your loved ones prior to your passing that differ from those recorded in your will may result in lengthy legal battles.  By reviewing your will regularly, you can ensure it remains clear, up-to-date and free of ambiguities that could cause complications between beneficiaries and/or family members.

In summary, you should strive to review your estate plan every 1 to 3 years, depending on your circumstances.  At de Groots wills and estate lawyers, we recommend reviewing your estate planning arrangements each year around the end of the financial year, when you are gathering other information for your tax returns or just rounding out your year.  More specifically, you should aim to review your estate plan after any major event such as births, deaths, marriages, divorces or changes in your or your family’s financial circumstances.

Your will is a living document that should evolve alongside your life.  Do not wait until it is too late – contact de Groots wills and estate lawyers to review your will today and provide peace of mind for both you and your family.

Click Here to get started.

The post The Importance of Regularly Reviewing Your Will appeared first on de Groots Wills and Estate Lawyers.

Overall the primary concern of the Court is to ensure that the estate will be duly and properly administered according to the terms of the will, with the dominant consideration being the welfare of the beneficiaries. (1)

The choice of executor is extremely important for a testator. When executors do not get along there can be extensive additional costs incurred by the estate, or the individual executors. The costs could involve each executor having their own lawyer, in addition to a lawyer for the estate, and potentially even the costs of an independent administrator.

A properly advised client may be guided to give the requisite level of consideration to the appointment of his, her, or their executor(s). A testator may also wish to provide additional guidance to the chosen executor in an attempt to ensure that the administration of the estate goes as smoothly as possible. The period of administration of an estate can be quite stressful and the executor may often be experiencing grief over the loss of a loved one.

Most executors are family members, or persons who knew the deceased and it is impossible to predict human behaviour. Even with all possible safeguards in place, executors (and beneficiaries) may face issues throughout the administration of an estate and people do not always make fully rational decisions.

Once an executor obtains a grant of Probate, they may face many challenges. There is a reason executor’s commission is said to be compensation for the ‘pains and trouble’ associated with the role.

A properly advised executor will act in a manner befitting the role to ensure the administration is conducted in accordance with the duties owed to the Court and the beneficiaries of the will.

What attributes should the ideal executor have

Those who are appointed may not understand the implications and liability that comes with accepting the role of executor. This role can be extremely challenging and properly informed persons, who are also risk adverse, may wish to avoid acting as an executor for a variety of reasons.

Clearly, the role of the executor can be quite broad and subject to how the will and any ancillary or guidance documents have been prepared – some executors may also have considerable discretion.

The ideal attributes of an executor ultimately depend on the estate to be administered and the terms of the will – including who the beneficiaries are. The testator is often best placed to know the dynamics of their intended beneficiaries but need to be properly advised about the role to make an informed and sensible decision.

Some attributes should be front of mind when a testator is considering whom to appoint as executor, irrespective of the particular circumstances, such as:

• organisational skills;
• financial literacy;
• even-temperament;
• commercially minded; and
• objectiveness.

Appointing family members

While a testator who has multiple children might think it is a great idea to appoint all of their children to act jointly as executors, it is important for the testator to fully understand the implications of this and the potential downfalls. Some states limit the number of executors who can take out a grant to four. (2)

Particularly where there is a blended family scenario or even just multiple ‘factions’ of beneficiaries it may seem prudent to appoint an executor from each ‘faction’ however if those executors will not get along it may just cause stalemates as executors need to act jointly and unanimously, unless otherwise explicitly authorised. Even if some sort of mechanism is included in a will which provides that a majority may decide, this can lead to unwanted ‘ganging up’.

One of the biggest risks with appointing family members and interested persons is that despite having an obligation to the estate (and consequently all beneficiaries) they may intentionally or even inadvertently prefer their own personal interests. This may make it harder for executors to be objective, particularly where they have their own views and prejudices in respect of the other beneficiaries. This can be seen most often where litigation is brought by a person against the estate where there is animosity between the claimant and the executor.

Conclusion

The choosing of an executor may be a fraught decision for the testator. As estates and families become more complicated (including in evolving ways) the choice of executor will become a more important decision.

Prudent executors will take advice from appropriate professional advisors, be they lawyers, accountants, or financial advisors to ensure that their actions are beyond reproach. A properly advised executor may still face ‘pains and trouble’ in the role but may be protected from personal liability and will hopefully avoid any unnecessary hurdles.

When the administration is not conducted correctly, beneficiaries need also be aware of the executor’s obligations so that the executor can be held accountable.

Estate administrations that are not correctly conducted may result in grave consequences for all concerned, not only in respect of time and money but also personal relationships.

1 Re Boglis [2022] VSC 309 at [30] per McMillan J.

2 Queensland, Victoria, Western Australia, and Tasmania.

By Kate Donnan – Senior Associate

Read More on:

Inheritance and Insight,
Executors Neglecting their Duties: Showing them the Door

Connect with us on LinkedIn

The post Choosing the Right Executor appeared first on de Groots Wills and Estate Lawyers.