Importance of seeking legal advice on deceased estate administration

Client A came to Wollerman Shacklock Lawyers to get assistance with administration of their deceased mother’s estate. Client A was an only child and sole beneficiary of the Estate. Client A wanted to distribute the Estate as soon as the Estate funds were called in. We provided legal advice to Client A on the risks of administering the Estate without waiting the 6-month statutory period.

Client A was reluctant to wait as they were certain there was nobody who would make a claim against the Estate. However, after understanding the risk to them for not waiting, they agreed to wait out the statutory period before distributing.

One day before the 6-month statutory period was to lapse, a claim was made against the Estate by an estranged adult child of the deceased that Client A had no knowledge about. The estranged adult child had disabilities and was therefore eligible to make a Part IV claim against the Estate under the Administration and Probate Act 1958 (Vic) for inadequate financial provision for them in the deceased’s Will.

Luckily, Wollerman Shacklock were able to avoid costly court proceedings and Client A and their estranged sibling were able to come to an agreement for provision for the estranged child from the Estate.

Risk to Executor: Had Client A not obtained legal advice on the administration of the Estate and administered the Estate once all the assets were called in, Client A could have been held personally liable for the claim against the Estate. This would have then included costly legal fees and the risk that an amicable resolution would not be reached.