Appointing An Independent Administrator

Being appointed an Executor of a loved one’s estate is an incredibly important, yet at times, difficult task. This task is made even more complicated where co-executors cannot agree, an executor has renounced probate, or an executor has failed to effectively administer the estate. If co-executors are at a stalemate, what do you do when you can no longer administer the estate? Appointing an independent administrator may be the best course of action. Call Streeterlaw now to discuss your options further.

An executor has a legal obligation to the beneficiaries of the estate, to administer the estate efficiently and without delay. They are also required to identify the assets, take possession of those assets, pay the debts of the estate and distribute the proceeds to those beneficially entitled.

The Role of Independent Administrators

In circumstances where the effective and efficient administration of the estate is compromised due to disharmony between co-executors, no person being able to take on a grant of probate or the executor having failed to administer the estate without delay, an independent administrator is your best call.

An independent Administrator has a duty of care to act in good faith, independently and impartially in managing the estate. An independent administrator is likely to save the estate costs by carrying out estate administration quickly and effectively and reducing any conflict between co-executors and beneficiaries.

The process of appointing an independent administrator will differ depending on your circumstances. Usually you will need to:

1. Identify whether a grant of probate has already been issued;
2. Provide the Court with reasons as to the disharmony and discourse between the co-executors including any evidence;
3. Commence a Supreme Court of NSW application by filing a Statement of Claim seeking orders for the appointment of an independent administrator and Affidavits in support;
4. Obtain consent from an independent administrator; and
5. Obtain consent from the beneficiaries.

When enough is enough and your co-executor is making your important job unnecessarily difficult. Call the team at Streeterlaw and allow our expert team help you to find the best way forward to finalising your loved one’s estate well.

Written by Tamara Stevanovic

Tamara studied a combined degree in Law and Commerce at Macquarie University. She attained her Graduate Diploma of Legal Practice from the College of Law in 2021 and is currently undertaking her Masters of Law in Commercial Litigation. Tamara is passionate in taking a commercial approach to resolving all disputes in both commercial litigation and estate litigation matters and is a valuable asset to the Streeterlaw team

Call us on 02 8197 0105 to book an appointment with Tamara Stevanovic!