australian disputed wills lawyers  

Executors Duties & Legal Role - Probate Solicitors

LAWYER HELPLINE: 1800 455 886

A Grant of Probate is a document that vests the personal representative of the deceased, appointed under a will, with the legal authority to manage the deceased's estate. An executors duties can only be carried out under the authority of a grant of probate. The person appointed can be almost anyone including a friend or a relative of the deceased however it is not uncommon for a testator to appoint a bank, an accountant or solicitor. When the appointee is a family member, friend or other lay member of the public, the assistance of a probate solicitor is often sought.

Time Consuming Duty

An executors duties are time-consuming and can involve complex legal and financial issues. A solicitor can be instructed by the deceased's personal representative to act in the roll of executor, ensuring that the necessary steps are taken and reducing the chances that legal action will be brought by an unhappy beneficiary.

Grant of Probate

The proposed personal representative must obtain a Grant of Probate before they can begin fulfilling the duty of an executor. The application process starts with a complete financial assessment of the deceased's estate. All of the deceased's assets must be valued and any liabilities and outstanding debts must be calculated. This financial accounting is then submitted along with the original will. In addition, the proposed executor must swear an affidavit containing the relevant details about the deceased's death and estate. If the documentation submitted is satisfactory a Grant of Probate will be issued giving authority for the executors duties to be carried out.

Duties of the Executor

Once the application process is complete and a Grant of Probate has been issued, the role of executor can begin. The executor duties start with the appointed person collecting and where necessary liquidating the assets of the deceased, such as calling in the balance on bank accounts and selling real property. Before any assets can be distributed to the beneficiaries of the will, all of the deceased's debts, liabilities and taxes must be paid. The remaining assets are then distributed according to the instructions set forth in the will. Throughout the process the duty of executor carries with it serious responsibilities and the person appointed is personally responsible for seeing that all taxes are paid and that the beneficiaries receive their inheritance.

Solicitors Legal Consultation

Our specialist probate solicitors deal exclusively with wills and probate matters. Our solicitors and lawyers have the courtroom skills necessary to take on cases of contentious probate and disputed wills and are qualified to handle cases where the validity of the will is being challenged or where a person not included in the will is making a claim to the estate. Contact us today for free legal advice about your case. There is no charge for this initial consultation and you are under no further obligations to use our solicitor services.

HELPLINE: 1800 455 886