This case highlights how considered, ethical decision-making can shape better outcomes for all involved.

Emma’s* estate was marked by significant debt, legal complications and two vulnerable beneficiaries who were unable to advocate for themselves. This case highlights how considered, ethical decision-making can shape better outcomes for all involved.

When Emma passed away in February 2024, she left behind four beneficiaries, a home filled with memories and a complex estate management situation.

Her estate included a house in Pennington, South Australia; a reverse mortgage that was accruing significant interest with each passing day; and a caveat tied to unpaid solar panel instalments worth almost $13,500. These factors all combined to result in a considerable debt that needed to be paid.

Emma’s three adult children and a grandchild were named as the estate’s beneficiaries. Initially, there seemed to be a lack of cooperation on their behalf to sell the house and settle the debts. But, upon further investigation, complexities were revealed. The two children who were still residing in the home, aged in their 60s, lived with significant health and cognitive challenges. “They weren’t able to advocate for themselves,” says Donna Leaker, Estate Manager at Equity Trustees.

Donna explains that both siblings were struggling to understand and manage what was happening around them, while their relationship with the other two beneficiaries remained challenging. Selling the property was necessary to settle the estate, but doing so without the right support in place would have left them vulnerable.

Rather than pursuing a formal eviction process, Donna took a more ethical approach. She worked to connect both beneficiaries with social workers, who became essential advocates and helped the siblings to understand their situation. Together, Donna and the social workers ensured that their needs were represented in decisions about their future.

“They were incredibly important to the process,” Donna says. “The social workers acted as the intermediary and were able to sit down with two beneficiaries living in the house and explain everything to them. They were really amazing.”

At the same time, the estate was under financial pressure. The reverse mortgage was accruing interest at 10.05 per cent per annum, equivalent to around $2,600 per month and the total debt had reached over $325,000. Acting on compassionate grounds, Donna successfully appealed to the lender to freeze the mortgage interest for a period and saved the estate more than $10,000.

Meanwhile, a more personal priority was unfolding. The siblings, now in their late 60s, had lived together their entire lives and did not want to be separated. Finding suitable assisted living accommodation that could keep them together proved challenging, ultimately taking six months to secure.

Throughout this period, multiple issues had to be managed simultaneously. Legal work was required to resolve the caveat on the property so it could be sold. The other beneficiaries needed regular updates and careful expectation management. Time pressures also loomed, with tax considerations linked to the timing of the sale.

But, Donna says, the guiding principle remained consistent. “We decided we’d take the long road, because it was the right thing to do.”

“We decided we’d take the long road, because it was the right thing to do.”

Once appropriate accommodation was found, Donna arranged for part of the siblings’ inheritance to be advanced to cover moving costs, new furniture and its assembly. This practical step ensured that the siblings’ transition remained dignified.

“The work we do is not just transactional,” she says. “It’s about a person who has passed and we aim to do the best thing by them. Emma wouldn’t have wanted her children left without support and we didn’t want that either.”

With the property sold, debts repaid and costs carefully managed, the remaining funds were preserved for distribution to all four beneficiaries. This outcome was made possible through considered decision-making at each stage of the process.

“It’s about drawing on our expertise to do what’s needed in the moment. Sometimes that means taking extra steps or more time. But it’s worth it. Doing this ensures we achieve the right outcome for everyone involved.”

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*Name changed to protect privacy