When creating a Will, it’s important to consider who will be taking care of your estate upon your death. There are many roles involved in the estate administration process that may include the named Executor(s) and Trustee(s). In this blog, we will explain the role of a Trustee in a Will, how they are appointed, and the difference between Trustees, Executors, and beneficiaries.

Getting around to writing your Will can be difficult. Most people don’t like to think about what will happen when they die, and it’s one of those tasks that feels easy to delay. Many people die without leaving a Will, which can cause a lot of stress for their loved ones. However, writing a Will is important, as it ensures that your wishes are honoured after death and that your estate is passed on in the manner you intended. Read more about the purpose of a Will.

Executors are people chosen and named in a Will by the Testator, who is the individual whose Will it is. The Executors of a Will are responsible for administering the estate of the Testator when they have passed away. Up to four Executors can be named in a Will, and it’s best practice to name at least two.

When a loved one passes away, there are many tasks that must be completed before their estate can be distributed to the beneficiaries. One of those tasks may be applying for probate; probate is not always needed, but if it’s required, it can be a confusing process that involves a lot of time and effort. This blog aims to simplify probate and explain what it is, when it’s required, and the application process.

It is already a difficult time when a loved one passes away and their estate is being administered. However, this challenging period can be made even more difficult when the Executor or Administrator (collectively known as Personal Representatives) of the deceased’s estate also passes away during the administration process. When a chain of representation is unable to be used to allow for the administration of the estate to continue, a new application to the Probate Registry will need to be made for a Grant de Bonis Non Administratis (less formally known as a Grant de Bonis Non).

When creating your Will, you will be faced with the decision of who to name as your Executor(s). This blog will provide an overview of the role, the options available, and what to consider when appointing an Executor.

A codicil is a legal document that’s used to modify, add to, or revoke certain provisions of an existing Will. Instead of spending time and money writing an entirely new Will, a person can use a codicil to make minor changes or updates.

Probate refers to the process of applying for a Grant of Probate(when there is a Will) or Letters of Administration (when there is no Will), which are legal documents that the person dealing with the estate may be required to obtain. If required, the Grant of Representation (the umbrella term for both documents) gives this individual the legal right to proceed with estate administration, which is the entire process of dealing with the assets and liabilities of someone who has died and then distributing their estate to the beneficiaries.

The term Personal Representative might sound daunting, especially if you’re navigating the complex process of estate administration for the first time. A Personal Representative is responsible for the administration of a deceased person's estate; they are liable for various legal and financial tasks that ensure the smooth transition of assets to the beneficiaries.