• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
PGH Solicitors

(02) 6642 3411

  • Home
  • About Us
  • Areas Of Practice
    • Business Purchase/Sale
    • Buying Property
    • Selling Property
    • Conveyancing in NSW
    • Court Representation
    • Criminal Law
    • Family Law Property Settlement
    • Divorce in Australia
    • Child Custody Law
    • Executors & Probate
    • Wills & Estate Planning
    • How to Make a Will
  • Conveyancing
  • Contact Us

Executors & Probate

Are you a Will Executor?

Have you been chosen by a family member or friend to be the Executor of their Will? This means that you have been given responsibility to manage their estate according to the terms they’ve outlined in their Will and to protect their assets under the various laws and rules that govern estate administration in Australia. Pollack Greening & Hampshire have a dedicated team of Will & Probate staff with our Principal Solicitor, Simon Trivett providing jargon free legal advice in all areas of Succession Law.

Executor Duties

An executor’s duties may include responsibilities such as:

  • Organising the funeral, notices for the paper, flowers
  • Locating the Will
  • Obtaining a copy of the Death Certificate
  • Making sure any property and assets are safe and secure
  • Determining the value of assets
  • Applying for Probate
  • Paying insurance policies, debts and taxes
  • Collecting monies belonging to the deceased from financial institutions and insurance companies
  • Collecting debts owed to the deceased
  • Lodging tax returns for the deceased and for the estate
  • Selling properties and assets
  • Reporting to beneficiaries
  • Distributing the proceeds of the estate to beneficiaries
  • Setting up trusts

Being an Executor can be overwhelming, particularly when you are grieving, but rest assured we can guide you through.

Do Executors get paid?

It depends. If you are a beneficiary of the will it is presumed that your benefit will cover your costs. If you’re not a beneficiary then you can apply to the Supreme Court for commission.

Do I need a Lawyer?

Estates vary in complexity and Executor’s duties can be complicated, so it may be a good idea to get advice from a lawyer. The cost of legal advice is usually covered by the estate, not the Executors.

What is Probate?

Probate is recognition of the Will’s validity and permission from the Supreme Court for the Executors named in the Will of the deceased to carry out their duties in relation to the Estate. You will likely need a grant of Probate to deal with the assets of an estate, such as selling property and obtaining bank funds.

What if there is no Will?

This situation is referred to as intestacy and the law determines how assets will be shared out after debts have been paid. If you are the next of kin you can apply for Letters of Administration, which will give you authority to finalise the estate.

What if I’m not up to the job?

Just because you have been named an Executor doesn’t mean you have to accept the responsibility. If there is another Executor named, they can take on the whole of the job, or if you are the sole executor you can apply to the court to appoint someone else. You cannot change your mind later though – giving up the responsibility is final.

Contact us to find out more or to arrange an appointment with an experienced Probate lawyer in Grafton or Yamba.

Primary Sidebar

Online Enquiry

* indicates required field

Footer

PGH Solicitors

Pollack Greening & Hampshire Solicitors and Conveyancers are legal professionals who care about you and your best outcome.

Serving the entire Clarence Valley with office locations in Grafton and Yamba. Long established since 1904.

Our Advantages

  • Free first consultation.
  • Cost agreements so you know how much you are up for before we begin the work.
  • Extended and after hours consultations
  • Mobile service – we can meet with you wherever convenient including at home, in hospital or at your place of work
  • Family friendly appointments – we are happy if you need to bring the children along
  • Jargon free advice
  • Access to a network of professional services including Accountancy & Taxation, Business & Financial Planning, Valuation and Surveyor services

Contact Us

  • 27 Prince Street
    Grafton NSW 2460
  • 26 Yamba Street
    Yamba NSW 2464
  • PO Box 10
    Grafton NSW 2460
  • (02) 6642 3411
  • (02) 6642 6833
  • [email protected]
  • Find us on Facebook

Liability limited by a scheme approved under Professional Standards Legislation
Copyright © 2022 · Website hosting by Lift Legal Marketing · Login