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Velocity Legal

Level 43, 80 Collins Street, North Tower, Melbourne VIC 3000

Level 10, 580 George Street, Sydney NSW 2000

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Trusts & Estates
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Estate Administration

Estate Administration

Estate administration involves managing and distributing a deceased person’s assets in accordance with their will or the law. Clear guidance can help executors and administrators fulfil their responsibilities with confidence and avoid unnecessary delay or uncertainty.

We help:

  • Understand what estate administration involves and what is required of you
  • Manage estate assets, liabilities, and distributions in an orderly way
  • Progress the administration process with clarity and reduced stress
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4.9
85 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

Grant F

Their meticulous attention to detail, unwavering professionalism and strategic approach have delivered an outstanding result. Their level of service is nothing short of impressive.

Jack C

From the initial consultation to the final resolution, they provided exceptional
service and achieved an outstanding result for our case.

Wan Li

We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

Selina L

I highly recommend the team at Velocity Legal. They are extremely knowledgeable, professional, have an eye for detail and their work ethic is second to none.

Mark P

They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

Natalie F

Approachable, honest, professional and transparent. An absolute pleasure to work with.

Bob W

4.9
85 Google Reviews
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We Understand What You Are Going Through

Acting as an executor or administrator often comes at a difficult time. You may be managing grief while also trying to understand your legal responsibilities and what steps need to be taken to administer an estate properly.

Estate administration can involve multiple tasks, timeframes, and third parties, including financial institutions, beneficiaries, and advisers. Without clear guidance, it can feel unclear how to prioritise tasks or move the process forward.

We understand the responsibility involved in estate administration. We help you work through each stage in a calm and practical way, so the estate is administered clearly and in accordance with legal requirements.

Our Services Include

  • Advising executors and administrators on their duties and obligations
  • Assisting with identifying, collecting, and managing estate assets
  • Supporting the payment of estate liabilities and expenses
  • Preparing estate accounts and distribution statements
  • Assisting with the distribution of estate assets to beneficiaries
  • Advising on issues that arise during administration, including disputes or delays

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
Book a Consult

Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

Our Directors

Managing Director

Andrew Henshaw

Director

Demian Walton

Director

Greg Thomas

Director

Jennifer Maher

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Director

Shannon Hilton

The Legalities of Managing Your Loved One’s Estate After They Pass Away

If you’ve been named as the executor in the will of someone who has died, you may be facing significant legal and practical responsibilities. You are responsible for administering the estate in accordance with the will and applicable law if you accept the role and act as executor.

Our estate administration lawyers can help you:

  • Settle debts and collect assets.
  • Deal with any claims made against the estate, including family provision claims
  • Liaise with accountants, tax lawyers, and the court.
  • Prepare and file an application for a grant of probate or letters of administration with the Supreme Court of Victoria.
  • Offer guidance and clarity regarding your responsibilities.

If instructed, our estate administration lawyers in Melbourne can handle much of the legal and administrative work involved in the administration process efficiently and carefully, while helping you understand your ongoing duties as executor or administrator.

What Happens if I Fail to Administer the Estate?

If you’ve been appointed as executor under a will, the will-maker has chosen you to carry out their wishes and administer the estate in accordance with the law. While most executors fulfil their duties honestly, some can make mistakes or fail to meet their obligations.

If you decide that you do not wish to act as executor, you may renounce probate by filing the appropriate documents with the Supreme Court of Victoria before taking any steps to administer the estate. You generally should not take steps to administer the estate if you intend to renounce. If you have already started acting, or if a grant has already been made, you should seek legal advice about your options.

If you breach your obligations, you could be liable. Examples of common breaches include:

  • Failing to properly protect or insure estate assets, particularly where an asset has been specifically gifted to a beneficiary.
  • Causing avoidable financial loss to the estate through unreasonable delay.
  • Failing to administer the estate in accordance with the will.
  • Distributing estate assets without properly considering debts, tax liabilities, estate expenses, beneficiary entitlements, the relevant family provision claim period, and any known or potential claims.

Why You Need an Estate Administration Lawyer?

Our estate administration lawyers can help reduce the risk of personal liability.

If a beneficiary thinks that you’ve been misusing your position or failing to administer the estate properly, they might decide to take legal action to remove you from the role. Allegations of executor misconduct are commonly based on:

  • Using the deceased’s bank account for transactions that aren’t in the best interests of the estate or beneficiaries, or failing to properly record and account for estate expenses, debts and distributions.
  • Moving into the deceased’s property for a long period of time without proper authority or without accounting for the occupation.
  • Threatening or intimidating beneficiaries.
  • Not providing adequate records or supporting documents for expenses claimed from the estate.
  • Selling estate assets to friends, family members, or associates without proper authority, transparency, or regard to fair market value.
  • Deliberately causing prolonged delays.

Having the help and support of a legal team can help you administer the estate properly and reduce the risk of disputes or allegations of misconduct. We provide regular updates regarding the progress of the estate administration so you can pass this information on to the beneficiaries and maintain clear communication throughout the process.

Estate administration can be difficult, especially while you are grieving. Contact Velocity Legal for tailored advice and solutions. Read Less

Frequently Asked Questions
What is estate administration?
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Estate administration is the process of managing and distributing a deceased person’s assets after death. This includes dealing with assets, liabilities, and ensuring distributions are made in accordance with the will or applicable law.
Who is responsible for administering an estate?
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An estate is usually administered by an executor named in the will, or an administrator appointed where there is no will. The role involves legal and practical responsibilities.
How long does estate administration usually take?
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Timeframes vary depending on the size and complexity of the estate, the nature of the assets involved, and whether any issues arise. Some estates can be administered relatively quickly, while others take longer.
What are the main duties of an executor or administrator?
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Duties commonly include identifying and managing assets, paying debts and expenses, preparing accounts, and distributing the estate to beneficiaries.
What happens if issues arise during estate administration?
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Issues such as disputes, missing assets, or delays can arise during administration. Seeking advice can help clarify options and support the orderly progression of the estate.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
85 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)