Executor of a will victoria

What is the role of an executor of a will? Who is the executor of an estate? Can executors appoint a third party to carry out the administration of the estate? Can an executor of a will resign? Where an executor or administrator remains out of Victoria for more than two years, desires to be discharged from their office, or refuses or is unfit or incapable of acting, then an application may be made to the court to remove them.

Being an executor of a Will can feel overwhelming for some people, but it doesn’t need to be.

Your main role as executor is to represent the person who has passed away and wrap up all of their personal, financial and legal affairs. It is upon the executor to establish the validity of the will and then to administer the estate according to the terms of the will. This means the executor temporarily holds the estate for the beneficiaries and has a duty to them. This still applies even where, as is often the case, the executor is one of the beneficiaries. A person appointed by the Court, by an official document called ‘letters of administration’, to administer a deceased estate that has no executor.

This may be because there is no will, the will did not appoint an executor , or a named executor is unwilling or unable to act. An executor must be nominated in the will. If the will nominates someone who is a minor at the date of the testator’s death, his parents or guardians can apply to become administrators.

When someone writes their will, they have to choose an executor.

I have been appointed as an executor in a will, now what? When you make a will , you appoint an executor. The role of the executor is to deal with your estate after your death. The person who died will normally have told you if you’re an executor. Kristen is the Go To Court Lawyers’ State Civil Senior and the Succession Senior for Victoria, New South Wales and Queensland.

The executor performs a number of duties in relation to the deceased. Yes, an Executor of a Will can also be a Beneficiary. Most usually, husbands and wives appoint one another as their sole Executor and Beneficiary. Circumstances may arise, however, which make it best not to appoint an Executor who is also a Beneficiary. An Executor is usually the trustee for trusts set up in the will.

This can include trusts set up for beneficiaries under years of age. These trusts need ongoing administration, often over many years. The law in Victoria says that executors do not have to distribute the estate within months of the death of the will maker. When a person dies without a will then the legal personal representative is known as “an administrator”.

Soon after the funeral, an executor of a deceased person’s estate should promptly turn their attention to carrying out the terms of the Will. In brief, Mum dies with sons left as beneficiaries and the youngest being an accountant appointed as executor of will. The 4th and oldest brother is written out of the will.

If all of the Executors of the Will have die and there are no backup Executors appointed in the Will , another person can apply to the Supreme Court of Victoria to be the Administrator of the Estate.