Who Are Beneficiaries of a Deceased Estate (Testate & Intestate Estate)

• find out their relationship to the deceased;
• find out their contact details;
• reach out to inform them of the death if not already done and that you are the Executor as per the Will or as agreed with the other Executors (see Step 5.5 – Will with Multiple Executors) or renouncing Executorship (see Step 5.8 – Renounce Executorship (Resign as Executor of a Will));
• organise a meeting with all Beneficiaries to discuss the Will;
• inform the Beneficiaries of the other Beneficiaries; and
• inform the Beneficiaries about your plan and setting expectations about time-frames.

You can download the Beneficiary Inheritance Guide (part of Essential Executor Checklists & Tools Package) to help inform Beneficiaries of the work you are doing as the Executor to successfully administer the Deceased Estate. You want to secure their support and cooperation as early as possible.

You may also need to find out if there were other relatives that were left out of the Will as they may still have a right to claim from the Estate. See Step 13.4 below for more details.

There may be instances where multiple Wills or multiple versions of Wills are presented. It will be crucial to determine which of the Wills is the one with the latest date and is valid. Where a testator (deceased person who made the Will) has multiple Wills with different Executors and/or Beneficiaries listed, this may lead to a dispute and possible claim by an Executor and/or Beneficiary that was left off a later Will.

If this is the case, you may want to seek help by an experienced Estate lawyer to understand your options before notifying the Beneficiaries. It helps to ask for specific support to ensure you are aware of the legalities and options. This will allow you to be a well-informed Executor that anticipates possible disputes and can stay in control of the situation.

To keep things simple, simplyEstate has partnered with Trusted Partners across Australia in your state/territory as listed in the yellow section to the right or below.

Where the deceased died intestate (without a Will), the relevant legislation in each state/territory will determine who the Beneficiaries are and how much inheritance from the Estate they may be eligible to.

If this is the case, it is strongly recommended that you seek legal advice to understand all laws that apply to your situation before notifying the Beneficiaries. Asking for experienced support ensures you are aware of all legalities and what to look out for. This will allow you to be a well-informed Administrator that anticipates possible disputes and can stay in control of the situation.

simplyEstate has partnered with Trusted Partners across Australia in your state/territory.

Where no Will is available or was not valid, the intestacy rules as outlined for each state/territory will help you get a rough understanding who may be an eligible Beneficiary for inheritance in an intestate Estate.

Intestate Estate Beneficiary Assessment Tool

The following Intestate Beneficiary Assessment Tool will give a general indication about which Beneficiaries may be eligible and how the Estate may be distributed as inheritance. Simply answer a few questions and email your result by completing your details below and clicking send.

It is important to make sure you have identified all eligible Beneficiaries early on, as you will need to understand who to communicate with throughout the process and work with them on some decisions and other administration aspects.

• The deceased may have had multiple relationships (married or de-facto) who were previously named in a Will and later removed;
• The deceased may have a maintenance agreement in place; or
• The deceased may have also had children with other spouses or partners or children that are unknown to the family.

Once you have a clear picture of who the Beneficiaries are as per the Will, the intestacy rules in the relevant state/territory or any other legislation/rules that apply to your situation, you should inform and meet with the Beneficiaries.
If the family and Beneficiaries are generally amicable, then a meeting with all at once may be the easiest option as everyone hears the same information.

If some relationships are strained, it may be necessary to hold individual meetings with some Beneficiaries that cannot or would not meet with other Beneficiaries. If this is the case we recommend you hold meetings with Beneficiaries first that you know best to learn about how to best structure the meeting.

• Notify each in writing about the death;
• Inform them that they were identified as a Beneficiary;
• Request their presence at a meeting at a specified date, time and location;
• Provide an agenda;
• Discuss how the home clearance will be organised (see Step 16 – Deceased Estate House Clearance); and
• Provide the Beneficiary Inheritance Guide (part of Essential Executor Checklists & Tools Package).

Building and maintaining a solid relationship with the Beneficiaries will be greatly valuable as you work through the Deceased Estate administration.

If the communication and meeting with Beneficiaries identifies financial dependence or other difficulties resulting from the death that you didn't know of before, you should refer to Step 9 – Bereavement Allowances & Support Payments again to see whether or not there may be support available for that individual.

As the Executor or Administrator, certain questions pertaining to the Beneficiaries of the Estate may linger in your mind: What information are Beneficiaries entitled to? Does an executor have to show an accounting to Beneficiaries in Australia? What happens to Executors delaying distribution? What are the rights of Beneficiaries of a Will and Estate in Western Australia and other states or territories?

In Estate law, Beneficiaries are individuals or entities named in a Will or determined by intestacy laws to receive assets or benefits from a deceased person's Estate. Beneficiaries possess several rights to ensure their interests are protected during the Estate Administration process.

• Right to Receive Notice: Beneficiaries have the right to be informed of their status as Beneficiaries and of the contents of the Will or Estate plan. They should receive formal notice when the deceased person's Will is admitted to Probate or when Letters of Administration are granted in intestate cases.
• Right to Be Informed: Beneficiaries have the right to be kept informed about the progress of the Estate Administration, including updates on asset valuations, debts, and liabilities.
• Right to Challenge the Will: Beneficiaries have the right to challenge the validity of the Will if they believe it does not accurately represent the deceased's wishes, was made under undue influence, or lacks legal formalities.
• Right to Contest the Estate: If a Beneficiary is dissatisfied with their inheritance or believes they have not been adequately provided for, they have the right to contest the Estate under certain circumstances, such as financial need or dependency on the deceased. A claim can be lodged within a certain period (mostly six months) of the date the Grant of Probate or Letters of Administration, or the date of death. If the claimant is unable to do so within this timeframe, some state legislation allows to apply for an extension so long as the application is lodged within that specified period.
• Right to Information on Assets and Liabilities:Beneficiaries entitled to a portion or all of the residuary Estate are entitled to detailed information about the assets and liabilities of the Estate, including property, investments, bank accounts, and outstanding debts.
• Right to Prompt Distribution: Once Estate Administration is complete, Beneficiaries have the right to receive their share of the Estate promptly, provided there are no legal disputes or delays.
• Right to Fair and Equal Treatment: Beneficiaries are entitled to fair and equal treatment under the law. Discrimination or favouritism in the distribution of assets is generally not permitted.
• Right to Seek Legal Counsel: Beneficiaries can seek legal advice to protect their interests, especially if they suspect any mismanagement of the Estate, breaches of fiduciary duty by the Executor, or other irregularities. It is important to remember that any legal disputes or enquiries against the Estate may incur legal fees by the Estate to respond, reducing everyone's inheritance.
• Right to Inspect Estate Records: Beneficiaries entitled to a part or all of the residuary Estate have the right to inspect and review Estate records, including financial statements, receipts, and transaction documents, to ensure transparency and accountability.
• Right to Disclaim an Inheritance: In some cases, Beneficiaries may choose to disclaim or renounce their inheritance, transferring their entitlement to another Beneficiary.
• Right to Be Notified of Litigation: If the Estate becomes involved in legal proceedings, Beneficiaries have the right to be informed about the litigation and its potential impact on their inheritance.
• Right to Request a Family Provision Order: If they have been left out of the Will or inadequately provided for, certain eligible Beneficiaries may have the right to request a family provision order to receive a fair share of the Estate.

Understanding these rights is essential for you to ensure the rights and interests of the Beneficiaries are protected and that the Estate Administration process is carried out fairly and in accordance with the law. Consulting with a qualified Estate lawyer can provide you valuable guidance and representation when needed.