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The Executor

The Executor of a will is expected to administer the estate in a time-efficient manner, according to the terms of the will.

You have been appointed by the willmaker (known as the testator if male or testatrix if female) to be responsible for ensuring all the provisions of his or her Will are followed and assets dealt with according to his or her wishes. You have been chosen because the willmaker at the time of signing the will, believed you were capable and willing to take on the job. In some cases the will may have been made many years ago and you no longer are able to, or wish to proceed in the role as executor. Please consult us promptly if you would like to discuss renouncing this appointment.

Let us help you

If you wish to proceed in your role as Executor of the will we can help you meet your legal obligations. Many view this appointment as an honour but are unaware of the time consuming processes involved in large estates. At ExecutorsHelp we explain each step of the process and aim to simplify the procedure for you.

The role of an Executor

An Executor is the person (or trustee company) responsible for settling a deceased person's estate. This includes collecting and distributing assets and discharging liabilities. The Executor must also act without delay to preserve the value of the estate.

As the Executor is acting in accordance with the WIll he/she may be called upon to defend the terms of the Will against dissatisfied family members of the deceased or claims by others who felt the deceased was responsible for their welfare.

If necessary the process of obtaining Probate of the WIll should be commenced as soon as possible. This determines the validity of the Will, your position as Executor and enables claims against the estate to be paid and assets distributed to beneficiaries.

At ExecutorsHelp we are committed to ensuring you are regularly kept informed of ongoing progress in administering the estate.

Where do I start?

If a close member of the family has not already done so, make arrangements for funeral, burial or cremation, or memorial services. We always suggest a will-maker let their family/executor know during their lifetime of any special requests. Often it is too late if the request is only known once the will is located

locate Will
financial and emotional support of immediate family of the deceased
secure the deceased's property if unoccupied, keep insured, welfare of any pets, cancel deliveries
commence instructions to ExecutorsHelp to make your job easier to manage
list of assets and liabilities compiled, probate notices published in newspaper
probate or letters of administration obtained see 'probate'
administration of estate including asset protection
resolving estate liabilities and disputes
distributing assets to beneficiaries by transfer or funds realised from sale
administering trusts on behalf of minors or special needs person
taxation returns, estate accounts if applicable
final distribution of estate

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ABN: 33 560 807 269
Level 5
Castlereagh Chambers
64 Castlereagh Street
Sydney NSW 2000

Tel. (02) 9235 3160
Fax. (02) 9235 2733

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