What rights do beneficiaries have during estate administration?

When a will is finalised, many assume it represents the last word on how a person’s estate should be distributed.

When a loved one passes away, beneficiaries are often left waiting while the estate is being administered.

It is not uncommon to feel uncertain about what is happening or what to expect.

In New South Wales, beneficiaries do have certain rights during estate administration. However, these rights are balanced against the executor’s responsibility to manage the estate properly and in accordance with the law.

What Is Estate Administration?

Estate administration is the process of managing and finalising a deceased person’s affairs.

This typically includes:

• Identifying and collecting assets
• Paying debts and liabilities
• Applying for probate
• Distributing the estate to beneficiaries

During this time, beneficiaries do not control the estate, but they are not without protections.

Do Beneficiaries Have a Right to Information?

Yes. Beneficiaries are entitled to be kept reasonably informed about the administration of the estate.

This may include:

• Confirmation that they are named in the will
• Updates on the progress of the estate
• General information about the assets and liabilities

While executors are not required to provide constant updates, they should communicate in a timely and transparent manner, particularly where delays occur.

Can Beneficiaries See the Will?

In most cases, yes.

Once probate has been granted, the will becomes a public document. Beneficiaries and other interested parties can access a copy through the Supreme Court of NSW.

Executors will often provide a copy earlier, particularly to named beneficiaries.

Do Beneficiaries Have a Right to the Estate Immediately?

No.

Beneficiaries are not entitled to receive their inheritance straight away.

The executor must first:

• Confirm the validity of the will
• Identify all assets
• Pay debts and expenses
• Resolve any claims against the estate

Only after these steps are completed can distribution occur.

What If There Are Delays?

Delays can happen, particularly in complex estates.

However, beneficiaries have the right to expect that the estate is administered within a reasonable timeframe.

As a general guide, many estates are finalised within 12 months, often referred to as the executor’s year.

If there are significant or unexplained delays, beneficiaries may be entitled to seek further information or legal advice.

Can Beneficiaries Challenge the Executor’s Actions?

Yes, in certain circumstances.

If an executor is:

• Failing to act
• Mismanaging the estate
• Acting in their own interests rather than the beneficiaries’

Beneficiaries may be able to take legal action.

This can include applying to the court to:

• Compel the executor to act
• Require the executor to provide accounts
• Remove and replace the executor in serious cases

What About Challenging the Will Itself?

Beneficiaries may also have rights to challenge the will, separate from the administration process.

For example, an eligible person may bring a family provision claim if they believe they have not been adequately provided for.

In some cases, this may involve a decision to challenge the will.

Beneficiaries do not control the estate during administration, but they do have important rights.

These include the right to information, the right to timely administration, and the ability to take action if the executor fails to meet their obligations. Understanding these rights can help manage expectations and reduce the risk of disputes.

How Antunes Can Help

Whether you are a beneficiary seeking clarity or an executor managing responsibilities, obtaining legal guidance can help ensure the process is handled correctly.

At Antunes Lawyers, our team provides practical advice to help clients navigate estate administration, resolve disputes, and protect their interests with confidence.

Understanding your rights and acting within the required timeframes is critical.