Administering a deceased Estate in the midst of Covid-19

While Australia has had incredible success so far in “flattening the curve” and avoiding the horrific death rates happening in other parts of the world, a sad reality of life is that the usual cycle of life and death continues.

In the world of estates, this means that we are still commencing new estate matters where people have passed away during the lockdown and we are continuing the estate administration for many other matters where people died prior to this dramatic change in the world.

The sensitivities of Covid-19 have heightened the grief for families losing loved ones recently. While it might mean we may need to do things differently given social distancing and restrictions, it is still very wise to make sure you take the steps to deal with an Estate now. The administration of an Estate can, and should, continue.

Following the funeral, which of course is a little different now with the current restricitions the role of an executor includes:

• Locating the original Will.
• Dealing with day to day tasks, such as redirecting mail, cancelling services, arranging for any pets to be cared for etc.
• Administering the estate. This may involve obtaining a Grant of Probate if necessary (see What is probate and who grants it?).
• Collecting the Estate assets and looking after them for the benefit of the beneficiaries, as well as notifying the beneficiaries.
• Ascertaining whether the deceased had any debts or liabilities, and if so, arranging payment form the assets of the estate.
• Keeping records and accounts (including distribution and payment) of the Estate assets and liabilities.
• Seeking advice from an Accountant regarding any potential tax liability, or whether any personal or Estate tax returns are required.
• Once all debts are paid, to distribute the remaining assets in accordance with the Will.

Having read that list, you will realise that the duties of Executors are very important, and are tasks that should not be put on hold.

In reality, the Executor works with our experienced Wills and Estate lawyers to undertake the above steps. Some steps we do on behalf of the Executor, others they do with our guidance.

This is certainly a time of increased stress for already grieving families, therefore it is important that prompt advice is sought from a lawyer, to inform you of your responsibilities, and to ensure that legal deadlines are not missed.

At OFRM our experienced team can guide you through the process of administering an Estate and performing your Executorial duties during this current crisis. While Covid-19 regulations are in place your ability to perform some of your duties in person may be limited, however we can meet with you via video to discuss your responsibilities and recommend alternate methods to effectively sign the required documents while maintaining social distancing. There is no need for you to put the tasks on hold.

For more information you can book an appointment with Madeleine Debono here, or call her on 03 5445 1063.