Estate Administration
We understand that the passing of a loved one is an incredibly difficult time, especially when talk of “probate” and “lawyers” comes into the mix.
For many, the legal process that follows the loss of a loved one can be very daunting and overwhelming.
At Adelta Legal, we strive to make the legal aspect of this grieving process as simple as possible for you and are happy to guide you every step of the way and lend you a helping hand.
What is Estate Administration?
When a person dies with assets in their sole name, these assets will comprise their ‘estate’.
If a person has a will, then their estate is administered by the executor(s) nominated in the will.
If there is no will, the person who administers the estate is called the administrator, and that person is determined, according to the legislation which also specifies who is to inherit the estate.
The role of an executor/administrator encompasses:
- in some cases, applying to the Court for a grant of probate (where there is a will) or a grant of letters of administration (where there is no will)
- taking control of and/or collecting the deceased’s assets
- paying all debts owing by the deceased
- distributing the balance of the assets to the beneficiaries.
For more information on the role and duties of an executor or an administrator, please click here
Do I need a Grant of Probate or Grant of Letters of Administration?
What is required to administer an estate will depend on the assets within the estate and the value of those assets.
Some estates can be administered fairly simply, and may only require minor legal assistance, whereas some may require detailed tailored advice.
Some circumstances where the estate administration may be relatively straightforward include:
- if the value of the assets are low; and/or
- if the deceased held their assets jointly – which in this case, the assets will pass automatically to the surviving joint owner (which is known as the right of survivorship).
On the other hand, circumstances where the estate administration may be more involved and will most likely require a grant of probate or letters of administration include:
- if the deceased owed real estate in their sole name or as tenant in common (meaning they owned a defined share)
- if the deceased owned shares with a value exceeding $15,000 or shares on CHESS
- if the deceased had superannuation and did not have a ‘dependant’ as defined under the superannuation laws
- if the deceased had a Refundable Accommodation Deposit (or bond) with a nursing home
- if the deceased had funds in accounts with a financial institution exceeding $50,000 (some credit unions have lower limits).
Click here for more detailed information on Grants of Probate and Grant of Letters of Administration
Why choose Adelta Legal to assist you?
Adelta Legal provides a flexible and efficient service to assist the executor or administrator in undertaking their legal obligations throughout the estate administration process.
Our approach is to make this process less stressful for you, and to assist you with either a full complete service or just in connection with an application for probate or letters of administration. We work with executors to whatever degree is required to complete the estate administration in a timely and cost effective manner.
We can also assist executors and administrators that reside interstate or overseas where there are estate assets in South Australia, as often a grant of probate or letters of administration are required in this State.
We have offices in the city and at Tea Tree Gully for the convenience of clients. In addition, for the elderly or infirm, visits can be made to clients at home or in hospital.
Call us on 08 8415 5000 or send an email to make an appointment.
Key people for Estate Administration:
Alison Evenden
Director
e: aevenden@adelta.com.au
p: (08) 8415 5003
Director
LL.B. (Hons)
Alison was first admitted to legal practice in England before migrating to Adelaide in 1988.
After working in UK and in one of Adelaide’s larger firms, Alison commenced her very own legal practice in 1993 until she merged her practice with, and become a partner of, Adelta Legal in March 2011. She is known for providing a high level of service to clients in all commercial and estate planning and administration fields of practice.
She has acted for international businesses with interests in Australia and advised in connection with the administration of deceased estates in England.
Alison has been recognised in Doyle’s Guide for several years as one of Adelaide’s leading lawyers in the field of estate planning.
Over the last 35 years Alison has particularly specialised in:
- estate planning and wills
- deceased estate administration
- advice to small business
- commercial transactions
- property and conveyancing matters,
and is able to assist a range of clients in giving practical, friendly and cost effective advice.
Outside the law Alison is the Chair of a Board of a not-for-profit registered training organisation and until recently has been on the Board of a private retirement village. She was one of the founding members of the Succession Law Committee of the Law Society of South Australia.
She is keen to educate and inform the public on legal issues and is involved in providing many community talks and information sessions for councils and community groups on an annual basis in all areas of wills and estate planning.
Alison is known for her efficient, practical and clear advice, ability to communicate with people of all levels and is conscious of providing advice at a reasonable cost to clients.
Contact Alison Evenden
Kerry Miller
Senior Associate
e: kmiller@adelta.com.au
p: (08) 8415 5013
Senior Associate
LL.B.(Hons)
Kerry has more than 20 years of experience practising as a lawyer in England and Australia.
Kerry joined the Adelta Legal team in January 2022 and brings with her extensive experience in estate planning, estate administration and property matters.
Kerry prides herself on providing a proactive and collaborative approach to other professional advisors and clients.
Kerry is able to assist clients with a full range of estate planning needs, including:
- Drafting Wills
- Powers of Attorney
- Advance Care Directives
- Advice and establishing Testamentary Trusts
- Estate planning advice including the consideration of non-estate assets such as family trusts and superannuation
- Administration of Deceased Estates
Kerry has particular expertise working with blended families to ensure their complex estate planning needs are satisfied.
Kerry is a member of the Law Society of South Australia.
Contact Kerry Miller
George Capaldo
Senior Associate
e: gcapaldo@adelta.com.au
p: (08) 8415 5017
Senior Associate
LL.B., B.Mgmt(HRM), B.Com, GDLP
Before joining Adelta Legal as a Senior Associate, George gained experience at another leading law firm specialising in Wills & Estates and has over 10 years of experience in this field.
He can assist clients with their estate planning needs whether simple or complex (incorporating Testamentary Trusts) to ensure that their wishes are met. This also includes providing asset protection strategies with respect to clients:
- personal assets
- superannuation contributions
- trust held assets
- company held assets.
He also assists clients with applications for grants of representation (Probate or Letters of Administration) and the administration of deceased estates. His practice also extends to advice in relation to contested estates.
George enjoys providing clients with practical legal advice with his friendly and approachable manner.
While studying at the University of South Australia George completed a double degree Bachelor of Laws & Bachelor of Management (Human Resources) and a Bachelor of Commerce.
Contact George Capaldo
Jacqueline Johns
Associate
e: jjohns@adelta.com.au
p: (08) 8415 5027
Associate
LL.B., BA., GDLP
Known affectionately as “Jacqui” to clients and colleagues, Jacqui works the field of estate planning, wills and deceased estate administration.
From a grazier and cropping upbringing, Jacqui is resourceful and adaptable to changing circumstances. She continues to instil the farmer’s work ethic in her practice, striving to share her authentic insights into the wills and estates process while maintaining a practical focus on factors such as time and cost. Jacqui offers clients a comprehensive but simplified understanding of their options with a warm and friendly approach.
From a multicultural background herself and spending her student years learning with and mentoring international students, Jacqui offers a great deal of patience and understanding when it comes to clients from different backgrounds, ages and varied levels of English fluency.
It is at the heart of her practice that her relationship with clients is built on confidentiality and empathy.
Jacqui can offer her services in the following matters:
Estate Planning:
- simple and complex wills
- powers of attorney
- advance care directives
Estate Administration:
- simple and complex probate and letters of administration applications
- deeds of family arrangement, statutory declarations and contracts for mutual wills
- general advice to executors and administrators
While Jacqui is no longer climbing grain silos and running around shearing sheds, outside of work you will either find her back home in the Murraylands painting landscapes and spending quality time with her family, or in the city indulging on flaky, golden domes of fabulous pastries.
Memberships:
- Asian Australian Lawyers Association
Contact Jacqueline Johns
Katherine Da Cunha
Solicitor
e: kdacunha@adelta.com.au
p: 8415 5001
Solicitor
BA., LL.B., GDLP
Katherine is originally from Sydney where she completed a Bachelor of Laws and Bachelor of Arts (Psychology) and Graduate Diploma in Legal Practice in 2008. Katherine was admitted to practice in the Supreme Court of New South Wales in 2009 and was subsequently admitted to the Supreme Court of South Australia in 2020 and the High Court of South Australia in 2022.
Katherine has a keen interest in wills and estates and can assist clients with the preparation of Wills, Enduring Powers of Attorney and Advance Care Directives. Katherine is dedicated to providing her clients with peace of mind knowing that their families and assets are protected. Katherine can also assist executors and family members who have lost a loved one in managing and distributing an estate in an empathetic and efficient manner.
Coming from an Argentinian/Italian background, Katherine speaks fluent Spanish.
Outside of Adelta Legal, Katherine enjoys spending time with family and friends.
Contact Katherine Da Cunha
Nicholas Wang
Solicitor
e: nwang@adelta.com.au
p: (08) 8415 5001
Solicitor
LL.B., B.Acc., GDLP
Nicholas serves as a thoughtful and diligent member of our Wills and Estate Advice Team.
Nicholas is committed to maintaining high legal standards while providing cost-effective legal services to clients. His approach ensures he addresses clients’ legal needs with precision, warmth, thorough care and a profound understanding of their unique circumstances. His distinctive skill set, diverse background, including proficiency in Mandarin and dedication to delivering client-centric legal services have made him a trusted advocate for our clients.
Nicholas assists our clients with:
- estate planning, drafting of both simple and complex wills, preparation of powers of attorney and advanced care directives;
- estate administration, including complex grants of probate or letters of administration; and
- commercial transactions, property and conveyancing matters.
Nicholas has embarked on a legal journey grounded in a solid educational background and a dedication to striving for excellence. He successfully completed an Advanced Diploma of Conveyancing while simultaneously pursuing his Graduate Diploma in Legal Practice (GDLP), allowing him to develop a unique skill set that has proven valuable in his practice, particularly in the realm of property transactions.
Outside of his professional endeavours, Nicholas has a deep passion for photography. With a keen eye for capturing moments, he applies the same attention to detail and precision to his legal work. This perspective allows him to appreciate life’s intricacies and nuances, whether dissecting complex legal documents or framing a perfect shot.
Contact Nicholas Wang
Loretta Cooper
Solicitor
e: lcooper@adelta.com.au
p: (08) 8415 5021
Solicitor
LL.B., GDLP
Hailing from sunny Malaysia, Loretta completed her Bachelor of Laws with the University of Adelaide and was thereafter admitted to practice as a barrister and solicitor of the Supreme Court of South Australia. She has worked in the field of estate planning and estate administration ever since.
Loretta has lived in over four different countries throughout her life which has allowed her to bring a diverse perspective to her practice. She is dedicated to creating tailored solutions for each client’s unique estate planning needs, as well as assisting clients navigate the complexities of estate administration with sensitivity and professionalism.
She prides herself on providing practical, empathetic advice to her clients.
Loretta advises on a variety of estate planning and estate administration matters and is able to assist clients with:
- Preparing Wills, both simple and complex
- Advising on testamentary and discretionary trusts
- Preparing Powers of Attorney & Advance Care Directives
- Navigating the administration of their loved ones’ estates
- Applying to the South Australian Civil and Administrative Tribunal for administrative and guardianship orders.
Away from the office, Loretta is a homebody at heart who loves to bake (her chocolate chip cookie recipe is a crowd pleaser), tuck herself away with a book and play video games. She can also speak Bahasa Malaysia in a pinch and is slowly working on her French.
Contact Loretta Cooper
Socrates Giatrakos
Solicitor
e: sgiatrakos@adelta.com.au
p: (08) 8415 5016
Solicitor
LL.B.(Hons), GDLP
Socrates graduated from the University of Adelaide and completed a Bachelor of Laws (Honours). He has a background as a legal researcher with the University and has experience working for several commercial law firms across South Australia.
He assists clients prepare simple and complex wills, enduring and general powers of attorney and advance care directives. This includes advising on testamentary trusts, protective trusts, special disability trusts, superannuation and assets held by companies and trusts.
His work also extends to deceased estate administration, including obtaining simple and complex grants of probate and letters of administration from the Supreme Court of South Australia, and providing support to our litigation team.
In his spare time, Socrates enjoys going for walks along the beach and listening to a good podcast.
Contact Socrates Giatrakos