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Information for Executors

An Executor is someone who has been named in a Will to carry out the willmaker’s wishes after their death. The executor can be an individual person, solicitor, or trustee company. Read more about Wills.

An Executor’s duties

As an Executor in Victoria, you have a number of duties that vary depending on the size and nature of the deceased’s estate. A legal professional can relieve some of the burden by helping you manage these responsibilities, including:

  • attending to the wishes of the deceased for funeral arrangements
  • notifying any financial institutions and other relevant organisations of the deceased’s death
  • identifying assets of the estate and taking care of these assets
  • identifying beneficiaries and what their entitlements under the Will are
  • obtaining a grant of probate or letters of administration
  • paying all estate liabilities and expenses
  • distributing assets under the Will to the beneficiaries and managing /investing funds where required
  • keeping property held by life trusts for beneficiaries insured and cared for – rates and taxes for example
  • acting in the best interest of all beneficiaries

How we can help

We understand this is a challenging time and will work with you to fulfil the deceased’s final wishes in a way that reduces the potential for conflict.

We’ll guide you through the process of applying for probate, assist with all aspects of managing and distributing the estate, and advise on any potential claims. If someone does dispute the Will, we can also work with you to defend the estate. Learn about what happens when a Will is contested.

If you’ve been made an Executor and would like some advice, call us on 03 9824 5100 or email sdunn@madisonslawyers.com.au for more information.

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