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Beneficiaries Concern Over Estate Administration

As a beneficiary under a will, you are entitled to ensure that you have received what is due to you. We are experienced in advising beneficiaries as to their rights in keeping executors accountable in their management of the assets of a deceased estate. This often involves requesting that an executor “pass accounts” to prove to the Court that beneficiaries are receiving their full entitlement

Our Services

Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.

We have advised and acted for clients based in other states of Australia as well as overseas.

Probate and Letters of Administration

When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.

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Challenging the Validity of a Will

You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.

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Executors Duties and Disputes

BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.

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Beneficiaries Concern Over Estate Administration

Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.

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Trust Disputes

Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.

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Complex Estate Disputes

We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.

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Why Choose Eastwood Law?

  • Boutique WA estate-litigation firm — we focus exclusively on contested estates, probate, family provision claims, will challenges and trust disputes.
  • Cameron Eastwood, Director — 20+ years of advising West Australian families through complex estate matters.
  • Supreme Court of WA + Court of Appeal experience — we appear at every level, including the High Court of Australia and the State Administrative Tribunal.
  • Trusted since 2005 — backed by hundreds of West Australian families who have walked through this with us.
  • Free 20-minute consultation — we will hear you out, give clear advice, and let you decide if we are the right fit.

Phone: (08) 9481 8460 · Office: Level 1, 26 Railway Road, Subiaco WA 6008

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Frequently Asked Questions

I am a beneficiary – what are my rights?
A beneficiary is entitled to: a copy of the will (after grant of probate), accurate accounts of the estate, the executor’s diligent administration, and proper distribution per the will. You can compel each of these through the Court if the executor refuses.
The executor will not give me information – what can I do?
We send a formal letter of demand to the executor requesting information, accounts, and copies of relevant documents. If the executor still refuses, we apply to the Supreme Court for orders compelling disclosure. The Court takes a dim view of executors who hide behind silence.
The estate has been open for 2+ years – is this normal?
Generally no. Most uncontested estates are administered within 12-18 months. Delay beyond that often signals problems: contested claims, unsold property, executor inaction, or misconduct. We can review the estate, identify the cause of delay, and force progress.
Can I get an interim distribution before the estate is finalised?
Yes, in some cases. If the estate has sufficient liquid assets and the final distribution is broadly clear, an executor can pay an interim distribution. If they refuse without good reason, the Court can order it.
What if I think the executor is misappropriating estate assets?
This is a serious allegation that must be supported by evidence. We can investigate the estate accounts, freeze assets through the Court if needed, and recover misappropriated property. We can also apply to remove the executor.

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Our commitment to our clients means that achieving a positive result for you is our priority.