A Guide to Debt and Estate Administration

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When a testator dies and leaves a Will it is the job of the executor (male) or executrix (female) as named in the Will to manage the testator’s estate and to carry out their wishes.

What is an estate?

The estate is all the property and liabilities (debts) of a person that are in existence after his or her death. However, not every asset is considered part of a deceased’s Estate. Instead, there are ‘estate assets’ which can be included in a Will and ‘non-estate assets’ which cannot.

Estate assets as a broad rule of thumb include anything that the deceased has sole ownership over. This includes real or personal property, business ownership, digital assets and intellectual property.

On the other hand, non-estate assets are things the deceased does not have legal ownership over, or has joint ownership with another party. Examples of such include discretionary/family trusts, company assets, life insurance and superannuation

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