Ellen, My brother recently passed away in Western Australia…

Hi I am John

You will be able to claim your costs against the estate.

You need to apply to be an administartor of the estate with the Probate Division of the Supreme Court.

The responsibilities of a personal representative generally begin with arranging the funeral. Where there is no valid will, the responsibilities of the administrator depend entirely on obtaining the grant of letters of administration. Without that grant they have no standing at all and the estate vests in the State Trustees until letters of administration are granted.

Once letters of administration are granted, the administrator’s duties are the same as those of an executor.

The major duties of the executor begin with the grant of probate, although as will be seen below, they have certain powers before probate is obtained. The beneficiaries have no interest in the deceased property until the executor is in a position to distribute the estate; before this occurs all they have is a right to sue the executor if they fail to administer the estate diligently and correctly. A personal representative (executor or administrator) is not required to distribute the net assets of the estate immediately but must make reasonable efforts in all the circumstances to wind up the estate promptly. While there is no rule of law about this, courts usually allow 12 months for estate administration to be completed.

Delay may cause particular problems where the major or sole beneficiary is someone (particularly a spouse or domestic partner) with no source of income other than that deriving from the willmaker, or where there is intestacy. (A definition of “domestic partner” is included in “Disadvantages of intestacy”.) Married couples may maintain a joint bank account that either party may sign. On the death of either of the account holders, the survivor automatically acquires the right to the entire account and will then have access to money until the estate is finalised.

A spouse or domestic partner of the deceased should, if left without income, apply for an appropriate social security payment.

The major duty of a personal representative is to collect the assets of the deceased and distribute the proceeds of such collection according to the directions contained in the will or the statutory order on intestacy.

The debts of the deceased must also be ascertained and paid before any distribution is made; these will include debts owing in the form of income tax. Funeral and testamentary expenses must be paid in priority to all other debts of the deceased. An executor should generally advertise for claims against the estate to be made to them within two months of the advertisement. The representative is also required to keep detailed accounts and records of the administration of the estate. A beneficiary has the right to inspect and copy any documents or accounts relevant to that person’s interest in the estate.

You have a legal right to protect your interests in this important situation.

Have I help with your question today ?