Role of the Executor in a Will

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Written by Michelle Gold – Partner & Hayleigh Bombinski – Associate

An executor is a person in a Will who is legally authorised to manage your estate and to carry out the instructions in your Will. There can be one or more executors appointed in a Will, either acting together or as substitutes to each other.

The role of your executor includes the following responsibilities:

1. Arrange your funeral / burial / cremation.

2. Clean out (if required) your home and personal / household possessions.

3. Make an application for probate (if required).

4. Identify, preserve, and protect estate assets.

5. Make decisions regarding the sale or transfer of assets.

6. Gather estate assets and pay liabilities.

7. Oversee the sale of your home (if applicable) including instructing the real estate agent and solicitor.

8. Defend your estate in the event of any legal proceedings.

9. Manage and finalise your tax affairs.

10. Distribute your assets to beneficiaries in accordance with your Will.

11. Where you have beneficiaries under the age specified in your Will, your executor/trustee is responsible for setting up a trust for that beneficiary. They will look after the trust until your beneficiary reaches the age chosen by you.

It is important to carefully consider who will be your executor. It is advisable to select someone who can undertake the tasks and, if there is more than one, that they will be able to work together. If they cannot, the administration of your estate will not progress, and this can cause lengthy delays and increased costs to your estate.