Families frequently attempt to finalise substantial estates without any neutral party involved. One sibling is executor and also a beneficiary. Another is the family’s informal “accountant”. A third flies in once a year and feels ambushed. No one holds a neutral position.
What a neutral intermediary does
- Holds the information and gives everyone the same version of it at the same time.
- Makes decisions on the merits, not on loyalty: when to sell, at what price, whether to pay a disputed debt.
- Keeps communication civil. Siblings who can no longer speak to each other can each speak to the intermediary.
- Translates, literally and culturally. In Chinese families, the people involved may be in Melbourne, Singapore and Shanghai. Some are more comfortable in Mandarin or Cantonese than in English, and some value face over speed. A neutral who understands both the law and the family’s culture can bridge that gap.
Who can play the role
The value of independence
Because an independent intermediary has no interest in the outcome, families will often accept decisions from that person which they would not accept from a sibling. That acceptance allows the estate to be finalised.
Frequently asked questions
What is a neutral executor?
A neutral executor is an independent person, often a professional, who administers the estate without being a beneficiary. Because they have no interest in the outcome, they can give everyone the same information, make decisions on the merits and keep communication civil, and families find their decisions easier to accept than a sibling’s.
Can an independent administrator be appointed if the family cannot agree?
Yes. An independent administrator can be appointed by agreement among the family, or by the Supreme Court where the family cannot agree or the executor has a conflict of interest. The administrator then takes control of the estate’s administration in place of the family member.
Is mediation required in family provision claims in Victoria?
In family provision cases, the court usually requires the parties to attend mediation before trial. A mediator does not make decisions but helps the family reach its own agreement, and a well-chosen mediator often settles the matter, avoiding the cost and publicity of a hearing.
Can a neutral facilitator help before a parent dies?
Yes. A facilitator can run family meetings during the parent’s lifetime, so the parent can explain their wishes in person and family members can ask questions. Raising and answering those questions early helps prevent them from turning into grievances after the parent’s death.
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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