If the deceased left a will which clearly outlines all beneficiaries, you should complete the following steps:

• Find out what relationship each beneficiary had with the deceased
• Find out their full name and contact details
• Reach out to inform them of the death (if they haven’t already been notified)
• Advise them you are the executor of the estate
• Organise a meeting with all beneficiaries to discuss the will
• Inform them who the other beneficiaries of the will are
• Set expectations around estate management time-frames
• Continue to openly communicate with beneficiaries to ensure they feel supported

If there is no will to follow the estate is distributed in the order set out in Part 3A of the Administration and Probate Act 1919 (SA).

No notice can be taken of any wishes of the deceased that are not expressed in a will.

We will help you determine who the beneficiaries are and the amount of their inheritance according to current legislation.

You should also determine if any relatives were left out of the will that may have a right to claim from the estate.

Please seek advice from us if there were multiple wills as there may be discrepancies between beneficiaries that could lead to disputes.

If relationships between beneficiaries are amicable then a meeting with all parties at the same time may be the easiest to facilitate (then everyone is hearing the same information at the one time).

If relationships between beneficiaries and family members are strained you may wish for us to help you facilitate a group or individual meeting.

As executor, it’s important to understand the rights beneficiaries have during the estate administration process to ensure their interests are protected:

• Receive notice on their status as a beneficiary and advice when probate or letters of administration are granted.
• Kept informed about the progress of the estate
• To challenge the will if they believe it does not accurately represent the deceased’s wishes
• Contest the estate if they believe they have not been adequately provided for
• Information on assets and liabilities including property investments, bank accounts and outstanding debts
• Prompt distribution provided there are no legal disputes or delays
• Fair and equal treatment
• Seek legal counsel and advice to protect their interests
• Inspect estate records including financial statements, receipts, and transaction documents
• Disclaim an inheritance or transfer their entitlement to another beneficiary
• Be notified of litigation if the estate becomes involved in legal proceedings
• Request a family provision order if they have been left out of the will or inadequately provided for