Executors Duties

Ideally the executor named by the will maker should have been advised of his or her role before the death of the deceased and also advised where to find the Will. Sometimes the executor holds a copy of the Will and upon the death of the Will maker goes to the local solicitor seeking the original.

Contrary to popular belief the executor is not obliged to use the same solicitor the Will maker used for the legal work involved in an application for probate or administration or and distribution of the estate. The executor/s may elect to engage the solicitor of his or her choice. No one can force you to use a solicitor you do not want use.

If you wish you do not need to use a solicitor however the application for a grant of probate or administration and then the administration and distribution of the estate with all that personal responsibility can be daunting. With or without a solicitor the following duties are to be undertaken by and executor or administrator.

  • Funeral arrangements
  • Identification of assets
  • Identification of liabilities
  • Notification of death to relevant authorities
  • Preservation of assets
  • Application for probate or administration
  • Prosecution of any claims
  • Defence of any claims
  • Payment of debts
  • Taxation obligations
  • Distribution of the estate
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