The Duties of an Executor

The duties of the Executor of a Will are extensive and frequently complex, involving legal documentation, taxation issues, and matters relating to insurance and superannuation.

The primary legal obligation of the Executor is to obtain a Grant of Probate of the Will of the deceased.

The documents that are required to be lodged with the Supreme Court to obtain a grant include:

• The original of the Will;
• Certified copy of the Death Certificate;
• Summons for Probate;
• Affidavit of Executor;
• Inventory of Property;
• Additional special purpose affidavits (where required);
• Draft Grant.

The process of applying for the grant also includes the following work:

• Advertising the Executor’s intention to apply for a Grant of Probate in relation to the estate;
• Preparing the application to the Supreme Court;
• Signing of the application;
• Lodging the application at the Supreme Court;
• Dealing with all the requirements of the Supreme Court to obtain the Grant of Probate on an uncontested basis;
• Dealing with any Supreme Court requisitions; and
• Advertising the Executor’s intention to distribute the estate once Probate has been granted.

We can help you by taking care of the entire process for you.

Plus, once Probate has been granted, we can provide you with:

• Advice regarding the provisions of the Will;

• Advice and assistance in relation to the establishment (and if necessary, variation) of any Testamentary Trusts under the Will;

• Advice regarding common stamp duty, income tax and capital gains tax implications in relation to the estate.

For more information, please contact us.