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Executors & Probate

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.

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.

COMMITMENT, EXPERIENCE, EXPERTISE, RESULTS

Petherick Cottrell is a Mandurah based firm of experienced, proficient and friendly lawyers committed to servicing your individual and business legal needs.

As a client of Petherick Cottrell, you will be benefited by our wealth of knowledge and professional experience as we protect and actively advance your interests in all areas of law.

Our Advantages

  • Top tier law firm experience, but at a local competitive price
  • Client focused
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  • Growing and innovative firm committed to quality practice
  • Friendly, professional and approachable staff

Our Services

  • Employment and OHS Law
  • Family and Divorce Law
  • Criminal Law
  • Wills, Estates and Probate
  • Property and Business Law
  • Civil and Litigation

Contact Us

62B Pinjarra Rd Mandurah WA 6210
PO Box 1891 Mandurah WA 6210

08 9535 4604
08 9535 4603
admin@petherickcottrell.com.au

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