The executor passed away. The estate was stalled. Then we found a way forward.
Our client initially sought legal support to assist with a superannuation claim related to their late parents’ estate. Although the deceased had expressed a clear intention in their Will to gift the proceeds of their superannuation to family members, they had failed to nominate their estate as the beneficiary on the superannuation policy. As a result, the proceeds were not automatically included in the estate, leading to complications and delays.
To make matters more difficult, the appointed executor had obtained a Grant of Probate but failed to carry out the administration of the estate. During this period of inaction, the executor sadly passed away, causing further delays and uncertainty.
When Shannan took over the matter, she identified that a Grant of Probate for the executor’s own estate was not required, and advised the executor’s legal successor of this, avoiding unnecessary legal costs. She then advised our client, who was the primary beneficiary, that they were in a position to take control of the estate’s administration.
Shannan and the team prepared all required documentation for a limited Grant, including obtaining the necessary consents from other beneficiaries and an undertaking on behalf of a minor beneficiary. This approach allowed Shannan’s client to move forward with the estate administration efficiently, after experiencing significant delays outside of their control.
This was an excellent outcome for a client who had been navigating legal and emotional complexities for an extended period. It demonstrates our team’s ability to find practical legal pathways in even the most delayed and layered estate matters.
Contact us about Family Provisions Claims.
