Shane Ellis 

Lawyers

Estate Administration And Litigation

DO YOU NEED A WILL?
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THE ROLE OF THE EXECUTOR
WHAT IS ESTATE ADMINISTRATION?
 
Shane Ellis Legal Group

THE ROLE OF THE EXECUTOR?

An executor is a person (or sometimes more than one person) named in a Will to carry out the wishes of the Will-maker after their death. Often solicitors or specialist trustee companies are named as executors.

 

The executor may have to:

  • collect all the assets and have them valued, if needed

  • Find out what debts are owed and pay them from the money made by selling the assets

  • arrange tax returns claim life insurance

  • arrange the funeral

  • apply for a grant of probate (they must be over 18 when they apply)

  • distribute the estate according to Will

  • take or defend legal action on behalf of the estate.

If Will-maker failed to appoint an executor, usually the court needs to appoint someone to administer the estate. A person appointed by the court is called an administrator (of a Will). Often this is the beneficiary with the largest portion of the estate. An administrator has the same responsibilities as the executor.

NO EXECUTOR NAMED IN THE WILL

 

WHAT IS ESTATE ADMINISTRATION?

Estate administration involves collecting and managing a deceased’s assets. Paying the deceased’s debts and distributing the estate assets to beneficiaries. An estate can take anywhere from 6 months to several years to administer depending on the nature of the assets, the age of beneficiaries and whether any disputes arise.

 
 
Shane Ellis Legal Group

DO YOU NEED A WILL?

If you die without a Will, someone will need to act as your personal representative. To do this, they’ll obtain a grant from the Court to be the executor of your estate.

If no one is willing or able to act as your executor, the Public Trustee will do so. 

In either case, there are rules in place to determine how your estate will be distributed. These are known as the ‘Rules of Intestacy’. 

For example in Queensland:

  • If you have a surviving spouse but no children, the entire estate will go to your spouse.

  • If you do not have a spouse, but are survived by children, the estate will be divided equally between your children.

  • If you are survived by a spouse and children, your spouse receives $150,000, the household chattels, and a share of the remaining estate. Your children then receive equal shares of the remaining estate, after the spouse deductions.

  • If you do not have a surviving spouse or children, rules apply to distribute the estate to other family members, like your parents or siblings.


If you’d like your estate to be distributed differently, you’ll need to have a legally binding Will. Generally, creating a Will may lessen the chance of future complications.

 

WHAT ARE YOU WAITING FOR?

GET AN OBLIGATION FREE CONSULTATION

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