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Wills

Executor

The person named in a Will to carry out its instructions, manage the estate and distribute it to beneficiaries.

What it means

The executor is the personal representative the testator appoints to administer the estate after death. Their duties include locating the Will, applying for a grant of probate where required, paying debts and taxes, and distributing assets to the beneficiaries. An executor owes fiduciary duties to act honestly, impartially and in the estate's best interests.

How it's used

Many Wills name two executors or a substitute in case the first cannot act, and an appointed executor may decline through executor renunciation. Example: as executor, David obtains probate, sells the deceased's car, settles the credit-card debt, and then pays each beneficiary their share. Executors are generally allowed an executor's year to complete administration before beneficiaries can demand distribution.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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