Executor of a Will
If you have been named the executor of a Will, you have certain responsibilities, including defending any challenges made to the Will.
You should be aware of the different types of challenges that can be made for a Will, including challenges to the validity of the Will, and Family Provision Orders.
If you have been named in a Will or appointed by the court to be the executor of a Will or the administrator of an estate, you may have certain duties to defend the estate or attempt to uphold the terms of the Will where a challenge has been made. There are a number of duties that relate to challenges, such as providing relevant information on request of a court.
Other duties required of an Executor are:
- Protecting, collecting and gathering the real and personal assets of the deceased’s estate
- Paying all estate debts and discharging liabilities
- Notifying all interested parties including beneficiaries of the Will
- Providing to the Supreme Court an inventory of the assets comprising the estate
- Preparing and submitting the total costs involved in administration of the estate to the Supreme Court
- Applying for the required Grant of Probate or, if applicable, Letters of Administration from the Supreme Court
- Finalising income tax returns of the deceased estate
- Taking necessary steps to distribute the estate pursuant to the deceased’s Will
Executors need expert legal advice whenever they are confronted by another person who intends to make a claim upon the estate of a deceased person.
Our legal team at Turner Freeman will assist and support you to defend a challenge to a Will by providing expert legal advice and ensuring that all necessary steps are taken to make the process as smooth and stress free as possible.
What we can do:
- We will ensure that all necessary court documentation is prepared to the satisfaction of the Supreme Court and will provide you with guidance to ensure that all legal obligations requested of an Executor by the Court are met and adhered to on time.
- We will check to ensure that the challenge to the Will is made within the prescribed time limit or whether it has been made outside the time limit, noting that strict time limits apply to make a claim, which may vary between States.
- We will check to ensure that the person who is challenging the Will is legally eligible to make a claim upon the Estate.
- We will advise you about what evidence will be required to successfully defend a challenge on a Will.