Estate Administration - Legal Practitioners' Liability Committee

Providing legal advice and assistance in the administration of an estate is an important part of legal work. There are many traps in this work including not dealing with assets as instructed, finalising an estate too quickly or too slowly, distributing the estate incorrectly and managing difficult executors. This provides information to help navigate these issues and avoid errors.

Articles
Alerts
Resources
Practice Risk Guides
Checklists
Videos

Would your client's will withstand a testamentary capacity challenge?

Will Making, Estate Administration 01 Dec 23

A recent case highlights that video recording interviews to take instructions for a will can help prove the will-maker had testamentary capacity.

Revised guide for practitioners to identify and avoid elder financial abuse

Conveyancing, Will Making, Estate Administration 13 Jul 23

Practitioners should always be alert to signs that an elderly or vulnerable client’s transaction is being facilitated by another person with a direct or indirect interest.

Manner of holding property — do your clients understand?

Conveyancing, Will Making, Estate Administration 13 Apr 23

Clients who own property jointly may not appreciate the differences that flow from owning property as a joint tenant or as a tenant in common.

Trust deeds rule in SMSFs

Will Making, Estate Administration 07 Sep 22

The High Court decision of Hill v Zuda Pty Ltd is an important reminder that superannuation fund trust deeds are not all the same particularly when it comes to death benefit nominations.

Clarity in family provision claims

Beneficiaries, Estate Administration 01 Dec 21

Family provision claimants need to get timing and wording right to stop the distribution of estates.

When a beneficiary is bankrupt

Beneficiaries, Estate Administration 24 Aug 20

Executors may be tested by desperate or bankrupt beneficiaries in the COVID-19 pandemic environment.

A risk to avoid in the TFM list

Estate Administration 13 May 18

Failing to comply with paragraph 7.2 of the Testator Family Maintenance List Practice Note SC CL 7 could expose you to a cost order.

Will it be right?

Will Making, Estate Administration 01 Mar 18

This article covers common mistakes practitioners make in wills and estates matters that lead to a claim.

Stay on the estate

Estate Administration, Professional Responsibility 01 Jun 17

As disputes between family members arise frequently in estate matters, practitioners need to be alert to their duties to executors and beneficiaries as well as potential conflicts of interest.

Risk management and advising SMSFs

Estate Administration 11 Dec 15

Practitioners who regularly act for trustees of self-managed superannuation funds (SMSFs) will agree that advising SMSFs requires a high level of knowledge and experience.

To invest or not to invest - a decision for the client

Property settlements, Estate Administration 18 Sep 15

Practitioners often receive funds to be held until distributed to the intended party when acting in family law matters, for a vendor selling land and when acting for the executor of a deceased estate.

Claims sometimes arise where practitioners fail to seek instructions from the client to invest the money in an interest-bearing account rather than leave it in the trust account.

iWill

Will Making, Estate Administration 14 Feb 14

Is making a will on an iPhone valid?

Be sure before disbursing trust money

Conveyancing, Financial Agreements, Estate Administration 19 Oct 08

When acting as stakeholder, you need to check that any conditions for disbursing the money have been strictly met and keep appropriate documentary evidence.

Solicitor executors and their fees

Estate Administration, Professional Responsibility 18 Mar 13

The issue of fees and charges a legal practitioner is entitled to charge often arises when practitioners act as executors of estates.

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Wills limitations

Will Making, Beneficiaries, Estate Administration 05 Jun 23

Time limits most commonly missed in relation to wills, a claim example and lessons learned.

Client Resources

A Guide for Beneficiaries

Will Making, Powers of Attorney, Beneficiaries, Estate Administration, Client resources, Professional Responsibility 01 Jun 23

This booklet provides a guide, in question and answer format, for beneficiaries about what it means to be a beneficiary, what is required of them and what is involved in managing and finalising an estate in Victoria. The information is general in nature and not specific legal advice. For more information beneficiaries should contact their legal practitioner.

Client Resources

Tenants and Tenants in Common - client resource

Will Making, Powers of Attorney, Beneficiaries, Estate Administration, Client resources 27 Mar 23

A downloadable diagram to help practitioners explain the differences between joint tenants and tenants in common.

Client Resources

A Guide for Executors

Will Making, Powers of Attorney, Beneficiaries, Estate Administration, Client resources, Professional Responsibility 01 Feb 23

This booklet provides a guide, in question and answer format, for executors about their role, their obligations and what is involved in managing and finalising an estate in Victoria.

For more information executors should contact their legal practitioner.

Checklist for terms of settlement

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This Checklist is designed to help solicitors and barristers ensure they have correctly addressed all of the relevant issues in terms of settlement. Using this checklist will help avoid the most common mistakes LPLC sees in terms of settlement that lead to claims. Barristers may find it useful to use this checklist alongside LPLC's Good Counsel – Practice Risk Guide for Barristers.

Barristers Checklist for Safe Practice

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This checklist provides a list of risk management steps and issues to consider for various stages of any brief. Using this checklist will help barristers avoid claims and provide good service to their clients. This checklist can be used alongside LPLC's Good Counsel –Practice Risk Guide for Barristers.

VOI Notes: Capacity, authority and identity

Conveyancing, Will Making, Estate Administration, Verification of Identity 01 Apr 21

These notes provide direction and useful links to assist in establishing capacity, authority and identity of clients.

Practice Risk Guides

Weather-proofing Wills and Estates

Will Making, Powers of Attorney, Beneficiaries, Estate Administration 02 Aug 20

This LPLC Practice Risk Guide highlights the key risk areas in wills and estates work for legal practitioners, and provides recommendations and resources to help avoid claims.

Family provision claims

Financial Agreements, Will Making, Estate Administration 17 Jul 20

A checklist covering family provision claims when acting for claimants and acting for an estate.

Administering estates

Estate Administration 17 Jul 14

A checklist covering common issues to be aware of in estate administration.

Practice Risk Guides

Weather-proofing Wills and Estates

Will Making, Powers of Attorney, Beneficiaries, Estate Administration 02 Aug 20

This LPLC Practice Risk Guide highlights the key risk areas in wills and estates work for legal practitioners, and provides recommendations and resources to help avoid claims.

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Wills limitations

Will Making, Beneficiaries, Estate Administration 05 Jun 23

Time limits most commonly missed in relation to wills, a claim example and lessons learned.

Checklist for terms of settlement

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This Checklist is designed to help solicitors and barristers ensure they have correctly addressed all of the relevant issues in terms of settlement. Using this checklist will help avoid the most common mistakes LPLC sees in terms of settlement that lead to claims. Barristers may find it useful to use this checklist alongside LPLC's Good Counsel – Practice Risk Guide for Barristers.

Barristers Checklist for Safe Practice

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This checklist provides a list of risk management steps and issues to consider for various stages of any brief. Using this checklist will help barristers avoid claims and provide good service to their clients. This checklist can be used alongside LPLC's Good Counsel –Practice Risk Guide for Barristers.

VOI Notes: Capacity, authority and identity

Conveyancing, Will Making, Estate Administration, Verification of Identity 01 Apr 21

These notes provide direction and useful links to assist in establishing capacity, authority and identity of clients.

Family provision claims

Financial Agreements, Will Making, Estate Administration 17 Jul 20

A checklist covering family provision claims when acting for claimants and acting for an estate.

Administering estates

Estate Administration 17 Jul 14

A checklist covering common issues to be aware of in estate administration.

Wills drafting tips

Will Making, Estate Administration 19 May 22

Many of the claims LPLC sees in the wills and estates area of law relate to mistakes in the drafting of wills including where the client’s instructions are not accurately reflected in the will. This webinar considers wills drafting claims and tips will be provided on how to avoid these claims.

Fake bank account details

Conveyancing, Property settlements, Estate Administration, Cyber security 28 Aug 18

More and more lawyers and their clients are becoming victim to fake emails. The key risk areas are conveyancing, wills and estates, sales of business and family law – areas where lawyers are holding and transferring large sums of money for their clients.

Attention to detail in wills and estates

Powers of Attorney, Beneficiaries, Will Making, Estate Administration 28 Aug 18

Most mistakes made by wills and estates lawyers involve administering the estate. Lawyers might think that this is the easy part of the job, but unfortunately appears not to be the case and has been the second most costly claims area.

Get risk advice in Personal & Succession law work

+61 3 9672 3800 lplc@lplc.com.au