Losing a loved one is difficult enough without also having to worry about whether an estate is being handled properly.
At RM Legal, we regularly assist beneficiaries who are unsure about their rights or concerned about how an executor is administering an estate. Understanding where you stand can make a significant difference during what is already an emotional time.
What Does an Executor Do?
When someone makes a Will, they appoint an executor to carry out their wishes. The executor is responsible for collecting assets, paying debts and taxes, and distributing the estate in accordance with the Will.
Executors are expected to act honestly, carefully, and in the best interests of the beneficiaries. In many cases, they engage a solicitor to assist with the legal process. Even so, beneficiaries are sometimes left feeling uninformed or excluded, particularly where relationships are strained.
Your Rights as a Beneficiary
If you are named in a Will, you have certain rights. These include the right to:
- Be informed that a valid Will exists and receive a copy.
- Be told that you are a beneficiary.
- Be advised of what you are expected to receive.
- Be informed of any liabilities attached to your entitlement.
- Be updated about delays in administration.
- Be notified of any challenges to the Will.
- Receive your entitlement within 12 months of death (unless circumstances justify a longer period).
- Request an explanation of how your share was calculated (where applicable).
Executors have a duty to act transparently and protect the interests of beneficiaries. If that is not happening, there are options available.
What a Beneficiary Cannot Do
It is important to understand that beneficiaries do not control the estate. The executor has authority to manage estate assets. A beneficiary cannot:
- Arrange the funeral without the executor’s approval.
- Remove the executor except through a Court application in limited circumstances.
- Access, sell, or deal with estate assets without permission.
Can You Make a Claim for Further Provision?
In some cases, a person may be entitled to seek further provision from an estate under the Succession Act 2006 (NSW).
Eligible persons may include:
- A spouse or former spouse
- A child
- A dependent grandchild
- A person who was financially dependent on the deceased
- A person in a close personal relationship with the deceased
If you fall within one of these categories and believe you have not been adequately provided for, you may be able to bring a family provision claim. Strict time limits apply, so early advice is critical.
Common Issues We See
At RM Legal, we often assist beneficiaries who are:
- Not receiving updates from the executor
- Unsure when distribution will occur
- Concerned about delays
- Confused about their entitlement
- Considering a family provision claim
Estate administration can take time, particularly where there are property assets, tax issues, or disputes. However, beneficiaries are entitled to reasonable transparency and proper administration.
How RM Legal Can Help
If you are a beneficiary and feel uncertain about your rights, or if you are concerned that an executor is not acting appropriately, we can provide clear, practical advice tailored to your situation.
At RM Legal, we focus on resolving estate matters efficiently while protecting our clients’ interests. We will assess your position, explain your options in plain English, and guide you through the next steps with confidence and care.
If you would like to discuss your circumstances, contact our Wills and Estates team for a confidential consultation.
