Information Centre · Probate & Deceased Estates
Beneficiary Rights During Estate Administration in Victoria
A concise Victorian guide to a beneficiary's rights to information, accounts and distribution during the administration of a deceased estate — and the remedies available where an executor does not respond. General information only — not legal advice.
Key points
- A beneficiary's rights depend on the Will or intestacy, the nature of their interest (residuary, specific, pecuniary, life, contingent) and the stage of administration — not every beneficiary is entitled to the same information at the same time.
- Before a grant, section 50 of the Wills Act 1997 (Vic) identifies persons entitled to inspect or receive a copy of the Will from the person who has it; after a grant, Court records and Probate Office processes govern access.
- A beneficiary may seek information reasonably connected with proper administration, but there is no absolute right to the executor's entire file, legally privileged advice, confidential third-party material or every internal communication.
- Under rule 6.03 of the Supreme Court (Administration and Probate) Rules 2023 the Court or Registrar may require an administration account; the Probate Office generally expects prior reasonable steps and considers each request on its facts.
- Distribution timing depends on completing proper administration — collecting assets, addressing tax and known liabilities, considering section 33 notices and Part IV time limits under the Administration and Probate Act 1958 (Vic), and observing section 99 and 99A of the Wills Act 1997 (Vic) where relevant.
- Removal of an executor, orders for accounts, judicial advice, injunctions, tracing, compensation and costs are separate discretionary remedies — silence, delay or disagreement alone will not automatically justify removal.
A beneficiary's rights during administration depend on the terms of the Will (or the rules of intestacy where there is no Will), the nature of the interest, the stage of administration and the general law that governs executors and administrators. This article sets out those rights and the remedies available in Victoria under the current law.
Types of beneficial interest
Not every beneficiary has the same rights. Common categories include:
- Residuary beneficiaries — entitled to a share of what is left after debts, tax, expenses and specific gifts;
- Specific beneficiaries — entitled to a particular asset;
- Pecuniary beneficiaries — entitled to a specified sum of money;
- Life beneficiaries — entitled to the income or use of property for life;
- Contingent beneficiaries — whose interest depends on a future event, such as reaching a specified age;
- Minor beneficiaries — subject to trust until the specified age;
- Charitable beneficiaries; and
- Intestacy beneficiaries — entitled under the statutory distribution rules where there is no valid Will disposing of the property.
The information a beneficiary is entitled to, and the remedies available, are shaped by the category of interest.
Getting a copy of the Will
Before a grant of probate is made, section 50 of the Wills Act 1997 (Vic) sets out the persons entitled to inspect or receive a copy of the Will from the person who has possession or control of it. Those persons include any person named or referred to in the Will (whether as beneficiary or not), any person named or referred to in an earlier Will as a beneficiary, a spouse or domestic partner, a parent, a child, a person entitled on intestacy, a parent or guardian of a minor referred to in the Will or entitled on intestacy, and certain creditors and other persons.
After a grant, the Will is a document of the Court. Access is governed by Court records and Probate Office practices. Executors are entitled to be reasonably cautious about sharing drafts, letters of wishes and privileged material.
Information about administration
A beneficiary may reasonably ask about the identity of estate assets and liabilities, the progress of administration and, in due course, an account of the executor's dealings. That right of information is proportionate to the beneficiary's interest and the stage of administration; it is not a right to the executor's entire file or every internal communication.
Legally privileged advice provided to the executor is generally protected — including advice about the executor's personal position on a family provision or other claim. So too is genuinely confidential third-party material. Some documents will fall on one side of the line and some on the other; a lawyer can assist with practical requests that are likely to be met.
Timing of updates and distribution
Neither the Administration and Probate Act 1958 (Vic) nor the Court's rules prescribe a fixed schedule for updates or interim distributions. The traditional executor's year is a working guide — a beneficiary should not usually press for full distribution in the first year of administration — but it is not a statutory deadline for or against distribution.
Before a final distribution the executor must have addressed proper administration issues — collection of assets, tax lodgments, known liabilities and any protective notices under section 33 of the Administration and Probate Act 1958 (Vic). Distribution within the Part IV Family Provision claim window without following section 99 or 99A of the Wills Act 1997 (Vic) can expose the executor to personal risk.
Interim distributions
Interim distributions of income or capital may be appropriate where sufficient assets remain to meet outstanding liabilities, tax, expenses and potential claims. An executor who is under pressure to make an interim distribution should consider whether that distribution is consistent with their duties and whether it needs to be supported by beneficiary indemnities.
Administration accounts under rule 6.03
The Supreme Court (Administration and Probate) Rules 2023 include a mechanism at rule 6.03 for the Court or Registrar to require an administration account. The Probate Office generally expects that the applicant has taken reasonable steps to obtain information from the executor and considers each request on its facts. It is not an automatic audit granted on request. Its usefulness depends on the accounts and vouchers actually produced.
Executor commission and remuneration
Executor commission is not automatic. It may be authorised by the Will, agreed by adult beneficiaries who are fully informed and not under a disability, or fixed by the Court under section 65E of the Administration and Probate Act 1958 (Vic). Professional executors typically charge on their published fees where the Will authorises them to do so.
Remedies where an executor is not responding
Available remedies include:
- a formal letter requesting information or an account;
- a request for an administration account under rule 6.03;
- an application for judicial advice or directions to the executor;
- an application for an order for accounts;
- an application for injunctive or protective orders;
- a claim in equity for compensation or tracing; and
- in serious cases, an application for the removal and replacement of the executor.
These remedies are discretionary and fact-specific. Silence, delay or disagreement alone will not automatically justify removal. Costs consequences depend on the merits of the application.
Family provision claims
An eligible person who considers that adequate provision has not been made from the estate can apply for family provision under Part IV of the Administration and Probate Act 1958 (Vic), generally within six months of the grant unless the Court extends the time. That process is separate from a beneficiary's ordinary rights to information and distribution.
Getting help
Our probate and estate administration team advises beneficiaries and executors on rights to information, executor accounts and, where necessary, Supreme Court applications. Beneficiary concerns may sometimes be addressed through a properly framed letter and clear expectations without court proceedings.
Frequently Asked Questions
Am I entitled to a copy of the Will?
Before a grant, section 50 of the Wills Act 1997 (Vic) identifies persons entitled to inspect or receive a copy of the Will from the person who has it — including any person named or referred to in the Will (whether as beneficiary or not), spouse, domestic partner, parent, child and certain others. After a grant, the Will is a Court record and access is governed by the Court's rules and practices.
What information can I ask the executor for?
A beneficiary may reasonably ask about the identity of estate assets and liabilities, the progress of administration and, in due course, an account. There is no absolute right to the executor's entire file, legally privileged advice given to the executor, confidential third-party material or every internal communication. Requests should be proportionate to the beneficiary's interest and the stage of administration.
Is there a fixed timetable for updates or distribution?
No. The Administration and Probate Act 1958 (Vic) and the Court's rules do not prescribe a fixed schedule for updates or distribution. The traditional 'executor's year' is a working guide, not a statutory deadline. What is reasonable depends on the complexity of the estate, tax and disclosure obligations, Family Provision time limits and any disputes.
How does distribution timing interact with claims?
The executor must complete proper administration before final distribution — collecting assets, addressing tax and known liabilities, considering section 33 notices under the Administration and Probate Act 1958 (Vic) and, where relevant, sections 99 and 99A of the Wills Act 1997 (Vic). Interim distributions may be possible where sufficient assets remain for outstanding liabilities and potential claims.
What is an administration account?
Under rule 6.03 of the Supreme Court (Administration and Probate) Rules 2023 the Court or Registrar may require an administration account. The Probate Office generally expects prior reasonable steps by the applicant and considers each request on its facts. An administration account is not an automatic audit granted on request.
When can an executor be removed?
The Court has a discretion to remove and replace an executor under the Administration and Probate Act 1958 (Vic) and general principles of trust law. Removal is a serious remedy and is not granted for disagreement or delay alone; the applicant generally must show that the executor is failing to perform their duties in a way that puts the estate at risk.
Can the executor charge for their time?
Executor commission is not automatic. It may be authorised by the Will, agreed by fully informed adult beneficiaries who are not under a disability, or fixed by the Court under section 65E of the Administration and Probate Act 1958 (Vic). Professional executors typically charge on their published fees where the Will authorises it.
What are my options if the executor is not responding?
Options range from a formal letter with a reasonable timeframe, requesting an administration account, applying for judicial advice, seeking an order for accounts or, in a serious case, applying for removal. Costs consequences follow the merits of any application. Complaints to the Legal Services Board and Commissioner deal with solicitor conduct — not with the executor personally unless they are also the solicitor.
Do I lose my rights by challenging the executor?
No. A properly brought application to the Court for information, an account or judicial advice does not, by itself, forfeit any entitlement under the Will. Some Wills include no-contest or forfeiture clauses; their effect in Victoria is limited and turns on the terms of the clause and the nature of the application.
How can I minimise disputes?
Clear communication, realistic expectations about timelines, and prompt legal advice on tax and Part IV Family Provision issues avoid most disputes. Where a beneficiary and executor cannot agree, mediation is often more efficient than contested applications.
How Parke Lawyers Can Help
Parke Lawyers' Probate & Estate Administration team acts for beneficiaries and executors in Victoria on probate, estate administration and disputes about information, executor accounts, communication and distribution. Speak with our team early so concerns can be framed clearly and the available estate-administration steps considered before litigation becomes necessary.
Probate & Deceased Estates
Advice on beneficiary rights in Victoria.
Parke Lawyers advises beneficiaries and executors on information rights, administration accounts and Supreme Court applications in Victorian estate administration.
This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.