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executor Articles

One of the most common questions I am asked when dealing with Probate matters is: is there a time limit for executors to distribute estates? Most people are surprised to hear that the answer is “no”. But that is not the end of the story when it comes to administering an estate. To learn more… Read more »

If the executor named in a Will cannot act or is unwilling to act and there is no provision for a substitute executor, the question arises as to who can apply for a Grant of Administration (Probate or Letters of Administration) to administer the estate in the original executor’s place? What if the Will does… Read more »

In a recent decision of the Supreme Court of South Australia (Mullins-Trnovsky v Adams [2014] SASC 116) his Honour Justice Gray confirmed that the Court has the power to remove an executor by amending the grant of probate however where there are compelling reasons it is appropriate to continue with the traditional practice of removing… Read more »

Executor’s Commission Available in Certain Situations Being an executor of a deceased estate can be a large amount of work and take significant amount of the executor’s time and effort to make sure everything is done correctly within a reasonable timeframe.  Where the executor is also a beneficiary this  is not normally an issue but… Read more »

An executor is the person(s) or organisation chosen to carry out the terms of a will.  The executor is responsible for the administration and control of a deceased estate until the final distribution of assets is made to the beneficiaries. The executor must first locate the deceased’s last will and contact the beneficiaries as soon… Read more »