Burgess Thomson Lawyers

Estate Administration Claims

Wills & Estate Planning

Expert Deceased Estate Administration Services in Newcastle

Managing the estate of a loved one is a responsibility that carries both emotional weight and legal significance. Burgess Thomson can help guide you through the deceased estate administration process with sensitivity, thoroughness, and legal expertise.

At Burgess Thomson we can assist you in understanding your obligations and rights as an Executor. We can also assist with ensuring the estate is administered fairly and reasonably to minimise the risk of a co-Executor or beneficiary challenging the administration. We can also assist you in negotiating a distribution that is fair to all and reflects the wishes of the deceased person.

How Burgess Thomson Can Help with Estate Administration Claims

Comprehensive Estate Management

The administration of a deceased estate encompasses a multitude of steps – from interpreting the will to managing estate claims. At Burgess Thomson, our team excels in facilitating every aspect of this complex process.

Addressing Disputes with Expertise

Disagreements among Executors, beneficiaries, or other parties regarding the estate distribution are not uncommon. Our solicitors are adept at navigating these disputes, ensuring the estate is administered in a manner that honours the deceased’s wishes and upholds legal fairness.

Transparent Financial Handling

Questions concerning financial decisions, such as the allocation of funds for legal fees, property preparations, or funeral expenses, demand a transparent approach. We commit to maintaining the utmost integrity in financial dealings, providing detailed accounts to all concerned parties.

Fair and Equitable Distributions

In instances where previous gifts or Powers of Attorney come into play, Burgess Thomson ensures the distribution reflects the deceased’s intentions and the equitable rights of all beneficiaries. Our aim is to reach resolutions that minimise conflicts and reflect fairness.


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Why Choose Burgess Thomson for Estate Administration Claims?

There are many reasons to choose Burgess Thomson. Just some of them include:

  • Experienced Legal Guidance: With extensive experience in deceased estate administration, our legal professionals are equipped to handle your case with the meticulous care it deserves.
  • Rights and Obligations Clarified: Understanding your role and rights, whether as an Executor or a beneficiary, is vital. Burgess Thomson provides clear guidance to help you fulfill your obligations correctly and confidently.
  • Dispute Resolution and Negotiation: Our expertise in negotiating fair outcomes can often prevent the need for court intervention, saving time and preserving the estate’s assets. However, should legal action become necessary, we stand ready to represent your interests vigorously.
  • Protecting Executors and Beneficiaries: We provide robust support to Executors to minimise the risk of challenges to the administration, while also ensuring beneficiaries’ rights are staunchly defended.
  • Strategic Legal Advice: Our strategic legal advice is tailored to safeguard against the personal liability of Executors and to expedite the distribution of assets to beneficiaries, including interim distributions under the appropriate circumstances.


Partner with Burgess Thomson for Trusted Estate Administration

In moments of grief and transition, having a reliable legal partner can make all the difference. Burgess Thomson’s estate administration services in Newcastle provide peace of mind during these challenging times.

Contact us or request a quote to experience the compassionate efficiency that sets Burgess Thomson apart as leaders in estate administration claims.


Many disputes can be resolved through negotiation outside of Court. However, some serious disputes require the Court’ assistance. The Court can review decisions made by Executors and make directions on how they should act. If Executors are found to have acted carelessly or caused loss or damage to the estate, they can be held personally accountable and in serious cases they can be removed as an Executor.

An interim distribution allows for estate funds to be distributed to beneficiaries before the administration of the estate has been completed. An interim distribution is only permissible in special circumstances. In New South Wales under s 92 of the Probate and Administration Act 1898 (NSW) there are few conditions where a beneficiary may receive their entitlement prior to completion of administrative duties. These are: • An interim distribution may occur where the beneficiary was partially or wholly reliant on the deceased person at the time of death. For example, children. • An interim distribution may occur where the executor, acting in good faith, acts in the proper support, maintenance or education of the survivor.

An executor or administrator has a duty to pay any debts the deceased owed, such as unpaid accounts and tax returns before distributing the estate to the beneficiaries. They may need to lodge a final tax return if the deceased received income from employment or owned investments at the time of death.

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