SA help required for an Executor of a small estate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

greg warnest

22 November 2018
A friend of mine has been in a fight for the last 5 years over a claim to provide provision under the IP act he has consulted lawyers who have done nothing but stuff him around and not act with his best interests and have successfully dragged this mess out over 5 years for a small estate he is the sole beneficiary and named executor of his late father's will he has sacked his lawyers and is now self representing in this matter
his very well off sister and niece (from his sister who is deceased ) have both made claims for provision from the estate (hardship) these 5 questions below will further assist him in defeating this unjust claim

1. after probate is granted, what is the next requirement necessary for the executor to be able to lawfully distribute any part of the estate as determined by the provisions of the Will ?

2 . Does the Executor need permission from the Court before distributing any part of the estate ?

3 . If the sole beneficiary has been and is still living on the property which constitutes the majority of the estate, upon the grant of probate and if there is no requirement to seek permission of the Court to distribute the estate, does that constitute the lawful distribution of that part of the estate?

4 When the estate has been lawfully distributed, what is meant by "the executor is not liable to account to any person for the estate or any part thereof" ? Does this mean that the executor has performed that which is required of them and is no longer responsible for or obliged to deal with any litigation brought against the estate (I.F.P.)Act 1972 claim ? (when no notice was given to the executor of an intention to claim prior to the lawful distribution of the estate).

5, If the sole beneficiary is also the executor and the property title has been registered in the executor's name as executor, can this be considered "lawful distribution" of the property ?


Well-Known Member
20 August 2015
Hi Greg

A family provision claim is never simple to resolve.

There are many gaps in the facts provided by you which makes it hard to help.

Unfortunately your questions are not relevant when someone has made a family provision claim.

There is a six months limitation period from the date of the grant of probate to file a family provision claim. But you say the matter has dragged on for 5 years.

Has the matter been on foot in the Supreme Court for 5 years?

Was the estate already distributed when the sister and niece made their claim?

Your friend should seek a second legal opinion about how to resolve the issues.