Updated 4 November 2026
CM Law's Ultimate List: The top 50 FAQs on Administration of Estates #46: Review Estate Plan
Administering an estate can reveal missing records, unclear instructions and arrangements that no longer fit a family’s circumstances. Reviewing that experience can improve the estate plans of living family members. It does not let an executor rewrite the deceased’s will. Start with what caused difficulty, then decide what practical or legal changes are needed.
Why review the process after an estate has been administered?
A review helps identify what made the administration difficult and which problems could be avoided in another estate. Useful lessons concern missing documents, ownership, executor appointments, communication and unclear gifts. Focus on practical improvements for living people’s plans rather than assuming every delay proves that the deceased’s planning was defective.
For example, time spent locating bank accounts suggests improving the asset list; difficulty interpreting a gift suggests reviewing the wording. Record the actual problem and its cause. A review should produce specific actions, not an unsupported prediction that every future estate will be cheaper or dispute-free.
Can the executor change the deceased’s estate plan?
An executor cannot simply amend the deceased’s will to reflect lessons learned or what beneficiaries now prefer. The executor must administer the estate under the legally effective arrangements. Questions about interpretation, rectification, family provision or a proposed settlement require advice on the relevant legal process, evidence and time limits.
Court powers under the Succession Act have defined purposes and conditions. A family agreement may raise tax, duty and capacity issues as well as succession questions. Keep any unresolved administration issue separate from the decision to improve your own will for the future.
Which documents should be gathered for the review?
Collect the will and codicils, grant, inventory, estate accounts, tax records and correspondence explaining significant decisions. Include relevant trust, company, property and superannuation documents where available. Identify missing records and who holds them, while respecting confidentiality and avoiding unnecessary circulation of another person’s sensitive financial or personal information.
The Court’s accounts guidance explains executors’ record-keeping and reporting responsibilities. Use a factual chronology to distinguish delays caused by missing information from delays caused by tax, litigation or an institution. Preserve original documents; work from copies when making notes about possible improvements.
How should feedback from beneficiaries be collected?
Ask concrete questions about information, timing and the clarity of explanations. A beneficiary may identify an avoidable communication problem even where the executor acted correctly. Equally, disagreement with the will does not prove misconduct. Record unresolved concerns accurately and obtain advice if they involve rights or possible claims.
A short written summary can identify what worked, what remained unclear and what documents would have helped. Avoid promising confidentiality you cannot maintain or treating a review meeting as a binding settlement. Any proposed legal resolution should be documented separately after appropriate advice.
What should be checked in gifts and the residue clause?
Check that beneficiaries and assets are clearly identified and that the will deals with the estate remaining after specific gifts, debts and expenses. Consider what happens if a beneficiary dies first or a particular asset is sold. Ask the drafting lawyer to explain how the clauses operate together.
A list of possessions is not necessarily an effective substitute for a properly drafted gift. Discuss valuable or sentimental items, substitute beneficiaries and any conditions. Test the instructions against the actual ownership and family circumstances instead of relying on phrases that seem clear in isolation.
A will generally deals with assets the deceased can dispose of through their estate. Property held as joint tenants ordinarily passes by survivorship, while a tenant-in-common share ordinarily enters the estate. Company and trust assets require separate analysis; owning shares or controlling a trust is different from personally owning its assets.
The Supreme Court’s probate guidance explains joint ownership distinctions. Check title records and relevant agreements, not just who paid for the property. If a plan depends on changing ownership, obtain advice on lender consent, tax, duty and other consequences before making the change.
How should lifetime gifts and family loans be recorded?
Document whether money or property provided during life is a gift, loan or another arrangement. If it should affect a future inheritance, obtain advice on an express provision and the valuation method. Executors should not assume every earlier benefit can be deducted from a beneficiary’s entitlement after death.
Keep loan agreements, repayment records and evidence of any later forgiveness. Discuss whether an intended adjustment uses the original amount, a later value or another formula. Clear records and coordinated drafting help distinguish the existing transaction from the separate instructions for distributing the eventual estate.
What does a real case show about earlier property transfers?
In Tanner v Tanner [2026] NSWCA 100, a will divided residue between three children but directed that an earlier property transfer be brought into account against one son’s share. The NSW Court of Appeal upheld that direction. The will had to be read as a whole, not clause by clause in isolation.
On 28 May 2026, the Court dismissed the son’s appeal with costs. It held that the direction operated regardless of whether the earlier transfer was a gift. This was interpretation of express wording, not a rule automatically deducting every lifetime benefit or a judicial rewrite of the will.
Are the chosen executors still suitable?
Review whether your executors remain willing, available and able to manage the likely estate. Consider their location, health, skills and potential conflicts, and include appropriate substitutes. Multiple appointments can help in some circumstances but can also create practical difficulties; the choice should suit the assets and family arrangements.
Explain where the will is stored and who the relevant advisers are. Discuss likely responsibilities before appointing someone. If using a professional executor, understand the appointment and charging arrangements. The probate guidance also explains why accepting the role should be considered carefully before applying.
Which family changes should trigger a review?
Marriage, separation, divorce, a new partner, births and deaths can change what your plan should achieve. Marriage and divorce also have particular legal effects on wills, subject to exceptions. Do not assume separation automatically removes an existing beneficiary or appointment; review the documents promptly when relationships change.
NSW Trustee and Guardian explains the connection between relationship changes and wills. Consider blended families, dependants and anyone whose circumstances have changed. A plan should address your own objectives and potential legal claims; equal shares are not a universal answer to every family situation.
Why should superannuation nominations be checked separately?
Superannuation death benefits do not automatically form part of your estate. Payment depends on the applicable law, fund rules and effective nominations or pension arrangements. Review who can receive the benefit and whether your nomination remains valid, rather than assuming a clause in your will controls the fund.
ASIC MoneySmart’s superannuation guidance explains the different nomination arrangements. Ask your fund about its specific requirements and obtain advice where there is a self-managed fund, overseas connection or tax concern. Coordinate the nomination with the estate plan without treating the two as interchangeable documents.
What about businesses, trusts and overseas assets?
These interests may require documents and advice beyond the will. Review business succession agreements, company control, trust deeds and any foreign wills or grants likely to be needed. Make sure one document does not undermine another, and obtain advice in the relevant overseas jurisdiction where foreign assets are involved.
Prepare an ownership map showing personal assets separately from entities and jointly held assets. Ask how management would continue immediately after death and who could access essential records lawfully. Avoid adding a broad revocation clause to a new will without considering existing overseas arrangements.
Should powers of attorney and guardianship also be reviewed?
Yes. A will operates after death, while an enduring power of attorney addresses financial and legal decisions during life and ends at death. An enduring guardian can make specified health and lifestyle decisions when needed. Review the appointees and functions separately, including whether the documents still reflect your circumstances.
NSW guidance explains enduring powers of attorney and enduring guardianship. An attorney does not become executor merely because they previously managed finances, and cannot simply make or change your will. Obtain advice early if capacity or pressure from another person is a concern.
How should a living person put changes into effect?
Arrange advice on a properly prepared new will or codicil and the applicable signing and witnessing requirements. Do not rely on handwritten alterations, an email or an unsigned draft as a routine substitute. Keep the executed document safely, tell the appropriate person where it is and manage superseded documents carefully.
ASIC MoneySmart recommends reviewing the will when circumstances change. NSW Trustee and Guardian also suggests periodic reviews, including after receiving an inheritance. That is practical guidance, not a fixed statutory timetable applying to everyone. Record a review date and act sooner when an important event occurs.
What practical plan should follow the review?
Our recommendation is to leave the review with a short action list identifying each document, the change needed and who will arrange it. Prioritise urgent ownership, executor and family changes. Confirm that new documents are actually executed and stored; a useful discussion alone does not update an estate plan.
For help reviewing wills and estate arrangements, contact Christine Manolakos and CM Lawyers on (02) 9557 9000 or lawyers@cmlaw.com.au. Bring your current documents and the specific lessons from the administration so the advice addresses your assets, family and intended outcomes.
This article provides general information about estate planning and administration in NSW. Obtain advice before changing documents, ownership arrangements or an estate distribution.
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