If the will sets out the deceased's wishes on funeral arrangements or organ donation, the executor needs to make the necessary arrangements. Norina then brought a claim against both Rosa and Pia seeking to have the settlement overturned or failing that, the money paid out to Pia reimbursed to the Estate. Distribute cash and or assets to beneficiaries according to the provisions in the will. Notifying all beneficiaries named in the will. If appropriate Residuary Beneficiaries should be consulted about whether they wish to receive their share of the Estate assets in specie or whether the assets should be sold and the proceeds of sale divided up instead. We use cookies to give you the best possible experience on our website. When someone is a beneficiary of a will, it means they have been identified as someone who should inherit some assets from the person who wrote the will. Disclaimer for our website: This website is presented by the Citizens Advice Bureau (CAB) for the purpose of disseminating information free of charge for the benefit of the public. see a lawyer. If there is a challenge, the Beneficiaries should be informed of the challenge and advised that the finalisation of the Estate will be delayed. Prepare statements for each of the beneficiaries. A recent case where an executor was found liable for devastavit. This is the only right a beneficiary has until the assets are distributed. The estate includes all: Complete income tax returns and get a clearance from the Australian Tax Office. In Western Australia the deceased estate accounts and a plan of distribution must be lodged with the Supreme Court’s Registry within 12 months from the date of the Grant of Probate … Where the legacy is paid to a beneficiary living outside of Australia, the beneficiary is responsible for paying any tax or fees for transferring the money into their account. In the case of Hodge v De Pasquale [2014] VSC 413, Her Honour, Judge McMillian determined that the Executor, who had settled a claim for further provision at mediation without the consent of the affected beneficiary, had acted beyond her authority. Before settling any claim that has been made on the Estate, the Executor must get the consent of any affected Beneficiary.  A failure to do so may result in the Executor being personally liable to the Beneficiary for any loss. A Residuary Beneficiary is entitled to know how the value of their share of the Estate has been determined.  The executor should provide them with a copy of the Estate Inventory and the Statement of Receipts and Payments which will show all the transactions undertaken. They organise to collect the assets of the deceased, pay the debts and distribute the property as set out in the deceased's will. It may be a good idea to get advice from a lawyer. Where these four conditions are satisfied and, prior to the death of an Australian resident person, the market value of the asset: 1. Rights of Beneficiaries of a Will in Victoria Who is a beneficiary of a deceased estate? Obtain authority to administer the estate: Apply for a grant of probate or letters of administration if necessary. If you are a named as a beneficiary of an estate, you have a right to know that the estate will be administered appropriately and without delay by the executor of the estate. All of this amount was paid out of the residue effectively reducing Norina’s entitlement without impacting at all on the gifts of real estate that were going to Rosa and Eleonora. It is the right of all beneficiaries of a deceased estate located in NSW to receive their entitlement under the Will within 12 months of the deceased’s death (plus any interest as prescribed by the Court, if paid outside this 12 month period). The Executor has a job to do and so long as they are getting on with that job they should be given the time they need without unnecessary interference from other parties. Manage the property or goods left in the will to: Value the estate and keep a list of the valuations. Does an executor of a Will (in Western Australia) have to give all beneficiaries named in the Will a copy of it. Once they receive the trust property, they have the full legal rights over it. Traditionally, beneficiaries bequeath a ‘share’, not a joint tenancy interest. Another executor named in the will can take on all the duties. Transfers of real estate to beneficiaries should wait until the relevant challenge period has expired. If no other executor is named, you can apply to the court to appoint an administrator. However, for the named person/organisation to benefit, both the will and the written bequest must be valid. simplyEstate has partnered with Trusted Partners across Australia in your State/Territory as listed in the yellow section to the right or below. Providing legal assistance for Western Australians, National Disability Insurance Scheme (NDIS). A Beneficiary named in a Will of a deceased person is entitled to receive a copy of that Will. Gather the estate assets and pay liabilities. As a beneficiary named in the Will of the deceased, you have the following rights. The result of an act of devastavit must cause the beneficiaries a loss. Seeing the will after it has been proved by the Court and a grant of probate issued The executor is responsible for applying to the Probate Division or Registry of the Supreme Court for a grant of probate. Legal Aid WA does not give advice about inheritance matters, including probate and letters of administration. Basically beneficiaries have no rights at all until the executor/s or administrator/s have finalised the administration of the estate ready for distribution. A beneficiary is a person or organisation with an entitlement from a will. If you are not sure of your responsibilities, you should get legal advice. However it can often take up to one year to distribute an estate. What if to do if you are named as an executor and don’t want to do it? Probate in Western Australia is governed by the Administration Act 1903 (WA). During the administration process the assets of the deceased are “vested” in the administrator personally. CAB monitors the quality of the information available on this website and updates the information regularly. Beneficiaries need to be patient throughout this process so that it can proceed in an orderly fashion. A recent decision of the Supreme Court of Western Australia spells out the law on the question: Murray v Schreuder [2009] WASC 51. As a general rule Executors should be allowed 12 months from the date of death to finalise a straight forward Estate.  Depending on the nature of the Estate assets and the manner in which they are to be distributed it may take longer than this. Please enter your details below to get instant access: 4 STEPS TO FOLLOW BEFORE COMMENCING FAMILY LAW PROCEEDINGS, 7 THINGS YOU MUST DO BEFORE YOU START A BUSINESS. The court will not do this unless there are compelling reasons, but in some circumstances, it may be necessary. The executor or personal representative should obtain a written receipt from the beneficiary … A beneficiary does not own any property until the executor distributes the estate. Executing a will can be complicated. If there are likely to be any delays, the beneficiaries should be kept informed.  This does not mean that there needs to be constant contact or that beneficiaries need to be told everything that is going on. It is important that you carry out your duties correctly to avoid any personal liability. What Legal Rights Do I Have As A Beneficiary? The Public Trustee drafts Wills for people who are domiciled in Western Australia. The right to see a copy of the Will. To view our fees for drafting a Will, refer to Wills, WA Will Bank and Enduring Powers of Attorney brochure . It must be done in accordance with the Will. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Where no Will is available or was not valid, the intestate rules as outlined for each relevant State/Territory will help you get a rough understanding who may be an eligible Beneficiary for inheritance.