Some estates are simple: one house, one bank account, one will. Wealthy families rarely have simple estates. The more successful the person, the more likely their wealth sits in structures, in other people’s names and in several countries. Those are the estates that stall.
What makes an estate difficult
- Assets that are not in the deceased’s name. A family trust, a company, a self-managed super fund or a holding company in Hong Kong. None of these pass under the will. They pass under the trust deed, the company constitution and the fund rules, and someone has to read them.
- Assets held for someone else. An apartment bought in a child’s name. Shares held by a relative “on paper”. Money in a friend’s account in China. Whether these belong to the estate depends on evidence, sometimes decades old.
- Assets in several countries. Each country has its own probate or succession process, its own forms and its own taxes. Doing them in the wrong order can mean one country waits on another.
- Missing paperwork. No list of assets, an old will held by a lawyer who has since retired, passwords nobody knows.
- Business that cannot stop. Rent still has to be collected, staff paid and tenants managed while probate is pending.
What a professional administrator does differently
A professional starts with a map: every asset, where it is, who legally owns it, and what document controls it. From that comes a plan for which grants are needed where, which can be resealed instead of applied for afresh, and what can be done before probate. It also shows what must be protected now: insurance, rent, a company’s bank mandate.
The administrator then works through the plan, reports to the beneficiaries at set intervals and keeps proper accounts. Where a structure is unclear, they get advice early instead of guessing.
For the person still planning
The easiest difficult estate is one that was mapped in advance. Keep a confidential register of assets and structures, tell your executor where it is, and review it when you review your will. If assets are held in someone else’s name, write down why. A short signed note can save years of argument.
Frequently asked questions
Why do some estates take years to administer?
Estates stall when wealth sits in structures, in other people’s names or across several countries. Family trusts, companies and self-managed super funds pass under their own deeds and rules rather than the will, assets held for someone else need evidence, and each country has its own probate process. Missing records and businesses that must keep running add further delay.
Does a family trust form part of a deceased person’s estate?
Generally no. Assets held in a family trust do not pass under the will; they are dealt with under the trust deed, which governs who controls the trust after death. However, the deceased’s own interests, such as a loan owed to them by the trust, may form part of the estate and still need to be administered.
Do I need a separate grant of probate in each country?
Often, yes. Each country where assets are held usually has its own probate or succession process. In some cases a grant from one country can be resealed in another instead of applying afresh, depending on the countries involved. A professional administrator maps the assets first, so that the grants are obtained in a sensible order.
How can I make my own estate easier to administer?
Keep a confidential register of your assets and structures, tell your executor where it is, and review it whenever you review your will. If assets are held in someone else’s name, record in writing why. A short signed note can prevent years of argument about whether an asset belongs to the estate.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice. Victorian law unless stated otherwise.
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