What is the role of a Will Executor?
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What is the role of a Will Executor?
The role of a Will Executor is to put the wishes of the will-maker into effect by:
- Collecting assets,
- Paying liabilities and
- Distributing the will-maker’s property to those he or she wished to benefit (beneficiaries).
Almost all Will Executors are trusted family friends or relatives. The remainder provide executorial services in a professional capacity such as solicitors, accountants and financial advisors (professional executors).
Common Disputes related to the Will Executor
Will Disputes Between Executors & Beneficiaries
Disputes between Will Beneficiaries and Executors can arise when the personal interests of an Executor conflict with the duties of the Executor role. The key right of a Will Beneficiary is to have the estate administered in a proper and timely way and to share in the fruits of that administration. If a Will Executor refuses, is unfit to act or is incapable of acting, the court has power to order their removal.
Learn more about Executor Beneficiaries Disputes
Executors Commission Disputes
A Wills Executor can apply to be paid a commission for their 'pains and trouble' associated with their obligations as Will Executor. This commission is normally a percentage of the estates value and is not automatically granted. Disputes can arise over the amount of commission to be paid to the executor. These disputes can be resolved by the court.
Learn more about Executor Commission Disputes
Ask our expert Wills & Estates lawyers for advice on the role of Will Executor
Partner Andrew O’Bryan and Senior Associate Carl Wilson are expert Wills & Estates lawyers and can offer free phone/first consultation advice.
Galbally & O’Bryan are one of Victoria’s leading Wills & Estates law firms.
Or call us on 03 9200 2533
