pitfalls for diy executors of deceased estates

Pitfalls for DIY Executors of Deceased Estates

pitfalls for diy executors of deceased estates

Some misinformed people choose to believe that administering a deceased estate is simple and easy, and therefore they think that they can save the estate some money by doing it themselves, without a specialist lawyer to assist them.

Those people don’t realise that for the executor of the Will of a deceased person in South Australia, DIY means taking all the risk upon themselves for no reward.

Wills In Adelaide: The Responsibilities Of An Estate Executor

What Does an Executor of a Deceased Estate Do?

What Does an Executor of a Deceased Estate Do?

Your loved one has entrusted you to administer their estate, and you probably feel overwhelmed with the burden of this responsibility in the midst of your grief. Depending on the size of the estate, your duties can become quite complicated, but the Adelaide Probate & Estate law specialists at Genders & Partners can guide you through the process to ensure that you carry out your responsibilities with a minimum of stress.

Locating the Will and Safeguarding Assets
As executor, your first job after the person’s death is to locate the original Will, which may be with the deceased’s important papers or held securely at a trustee company or lawyer’s office. If you do not have the original in hand right away, you can still work with a copy to familiarise yourself with the contents and make funeral arrangements according to the person’s wishes.

Family Disputes and Legal Documents in SA

Family Disputes and Legal Documents in SA

Family Disputes and Legal Documents

Families aren’t always easy. We’re bound to them by blood and history, circumstance and duty. We love them, and sometimes, if we’re really lucky, we like them too. We rarely get to choose them.

At some point in our lives almost all of us will experience some challenging times in dealing with individuals in our family.

It could be the consequences of dealing with misfortune such as illness or unemployment.

It could be your son’s unfortunate choice of girlfriend.

Maybe someone has an inflated sense of entitlement & expectation, or is lacking in appreciation for what you’ve done for them.

Probate and Estate Administration: Successful Challenge to Deceased Estate from Secret Domestic Partner

Deceased Estate in SA

A recent court decision in Victoria (Estrella v McDonald) is one of Australia’s first reported judgments resolving a claim for family provision involving a same-sex relationship.

The claimant said that he and the deceased had been in a secret de-facto relationship for 30 years, after they met in 1978 when the claimant was 17 and the deceased was 51.

The claimant said that he and the deceased had commenced a sexual relationship and that he had moved away from his family in the Philippines to live with the deceased’s family for several years. During the deceased’s final years, the claimant was living overseas.

During his life, the deceased had denied that the relationship was sexual in nature as he had apparently been embarrassed to publicly or openly acknowledge the relationship, for fear that it may not be accepted by their families or community.

The deceased had made no provision for the claimant in his Will, which solely benefitted the deceased’s children who defended the claimant’s allegations on the basis that their father and the claimant were “just friends” and that the claimant lived in their home as a boarder.

Genders and Partners

GST likely to rise – I told you so

GST likely to rise – I told you so

On 20th July 2015 South Australian premier Jay Weatherill provided conditional support for the call from New South Wales Premier Mike Baird for GST to be increased to 15 per cent.

The increasing cost of healthcare in the context of an ageing population, is a precipitating factor in this debate. The substantially reduced tax collections from mining revenues and the overall depressed economy, especially in South Australia, are critical elements.

Genders and Partners

The Rise of Challenges to Deceased Estates from Blended Families

The Rise of Challenges to Deceased Estates from Blended Families

Love is lovelier, the second time around…” So says the beautiful old song. But the joy of finding love again and creating another family can quickly fade when the realities & pressures of the varying relationships are revealed. Multiple relationships equals multiple potential points of failure. Blended families can face complex estate-planning challenges, and issues can arise between spouses or between children and their spouses.

Over 70 percent of remarriages where children are involved result in divorce after less than six years. Add death and grief to the equation, and you can understand why challenges to deceased estates occur.


10 Stresses to Avoid When Administering a Deceased Estate

Contact Genders and Partners today on (08) 8212 7233 to arrange a FREE telephone consultation and to request a FREE copy of our special Report: “7 Things You Must Know About Wills and Estate Planning”. Genders and Partners is located at Suite V1, Level 3, 169 Fullarton Road Dulwich, South Australia 5065


What Do Trustees of a Deceased Estate Do?

What Do Trustees of a Deceased Estate Do

An executor of a deceased estate in Adelaide is responsible for administering the estate according to the terms of the Will and ensuring that all taxes and debts are paid. Trustees of a deceased estate, on the other hand, often have a longer and more complicated job that in some cases can last for years or even decades.

If you have been appointed as a trustee of a testamentary trust, you have certain legal requirements to uphold, and any failure to comply can leave you personally liable for financial losses suffered.

The best way to ensure that you understand your responsibilities and carry them out appropriately is to consult with a specialist Adelaide probate and estate administration law firm as soon as possible.

What is a Trust?

You can think of a trust as a type of container. Inside the container is something to be protected. This is called the trust fund.  It is being held in safekeeping for the benefit of one or more people or entities, called beneficiaries.

A trustee is appointed to take control of the trust until a future date, at which time the trust fund is passed on to the beneficiaries. The trustee can be an individual or a private company appointed by the deceased.