Administrator

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Administrator

  • An Administrator includes an executor and where appropriate, the person appointed to represent the estate of the deceased person for the purpose of the hearing.
  • The Administrator of an estate is essentially the term referring to a person who has been appointed by the Court to administer the estate of a deceased person who left no will.
  • An Executor/Administrator obligations include:
    • The executor/administrator is obligated to uphold the will to ensure that all evidence of the beneficiaries is noted to the Court;
    • Allegations of facts that dispute the Affidavit of the Claimant;
    • The likely value of the distributed estate;
    • The likely value of the assets and liabilities in the estate;
    • All people who are beneficially entitled to the deceased estate;
    • Serving a notice to all person eligible under the will.
  • If an Administrator/executor acts in breach of their statutory duties and obligations may be personally liable to any successful Applicant in the proceedings who has suffered loss as a result of the breach.
  • Furthermore, the Administrator must not distribute the property in the estate until:
    • The time specified in the notice has expired; and
    • At least 6 months after the deceased’s death.
  • The Administrator cannot make an attempt to prematurely distribute the deceased estate in an attempt to trump an Applicant’s Family Provision Claim. An Administrator makes distribution at their own danger:
    • If the Administrator has notice from any source of a likely or intended claim; and
    • The 12 month statutory period (NSW) for making claims has not expired.