Probate and Estate Administration
Leslie Robinson, Your Trusted Estate Administration Lawyer
When someone passes away, there are often immediate legal steps that must be addressed before assets can be accessed or distributed. These steps depend on whether the deceased left a valid will or died without one.
Probate and the Certificate of Appointment of Estate Trustee
Probate is the court process used to confirm the validity of a will and the authority of the person named to act as estate trustee. Where there is no will, the court must determine who is entitled to apply to act as estate trustee. In both cases, this is done through an application for a Certificate of Appointment of Estate Trustee (with or without a will).
When real estate forms part of an estate, a Certificate of Appointment is generally required. It’s also often necessary before financial institutions will release estate assets.
As part of the probate process, the value of the estate must be determined, as estate administration tax is payable to the Minister of Finance based on the value of estate assets (currently calculated at 1.5% of the estate value, subject to applicable exemptions).
LDR Law assists clients in identifying estate assets, determining which assets fall within the estate and which may pass outside of the estate (such as jointly-held assets or designated accounts), and then preparing and filing the required probate applications.
Estate Administration Services
In many cases, our involvement does not end once probate is obtained. Estate trustees often retain us separately to assist with the administration of the estate, including providing guidance on their legal duties and obligations.
Estate administration may include dealing with financial institutions, managing and selling real estate, addressing creditor claims, ensuring tax compliance, communicating with beneficiaries, and preparing for final distributions. LDR Law provides practical, ongoing advice to help estate trustees navigate these responsibilities and avoid personal liability.
Acting for Estate Trustees and Beneficiaries
We regularly act for estate trustees at all stages of the process, from the initial probate applications through to final administration. LDR Law also represents beneficiaries, assisting them in understanding the process, their entitlements, and the obligations of the estate trustee.
