10 Rights of Beneficiaries of Estates in New South Wales

28 June 2023 | Written by Adrian Corbould | Contesting a Will, Challenging a Will, Defending a Will

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Right to Inheritance:
Beneficiaries have the right to inherit property or assets as specified in the deceased person’s will or according to intestacy laws if there is no will.
Right to Receive Notice:
Beneficiaries have the right to be informed about their entitlements, the progress of the estate administration, and any court proceedings related to the estate.
Right to Contest:
Beneficiaries may have the right to contest a will if they believe they have not been adequately provided for, under certain circumstances as defined by the family provision laws in Part 3 of the Succession Act 2006 (NSW).
Right to Fair Distribution:
Beneficiaries have the right to expect fair and equitable distribution of the estate’s assets according to the deceased’s wishes or applicable laws.
Right to Accounting:
Beneficiaries have the right to request an accounting of the estate’s financial transactions, income, expenses, and distributions.
Right to Executor’s Duty:
Beneficiaries have the right to expect that the executor of the estate will fulfill their duties, act in the beneficiaries’ best interests, and properly administer the estate.
Right to Challenge Executor:
Beneficiaries have the right to challenge an executor if they believe the executor is not fulfilling their obligations or acting against the beneficiarie’s interests.
Right to Information:
Beneficiaries have the right to access relevant documents, including the will, estate inventory, financial records, and any other information related to the administration of the estate.
Right to Confidentiality:
Beneficiaries have the right to expect that their personal information and details regarding their inheritance will be kept confidential by the executor and other involved parties.
Right to Legal Representation:
Beneficiaries have the right to seek legal advice and representation to ensure their rights are protected and to navigate any disputes or challenges that may arise during the estate administration process.