An executor of a Will has the responsibility to administer the deceased person’s estate in accordance with the terms of the Will. An executor can be personally liable if he or she does not administer the estate properly. The administration includes determining and protecting the property and assets of the estate, and collecting and distributing the assets of the estate in accordance with the terms of the Will. In engaging a lawyer to assist with the administration of the estate, the executor relies on the skills and experience of the lawyer to administer the estate in accordance with the succession law and other relevant legislation.
An application for Probate of the Will to the Supreme Court is made for an Order that the Will is valid and that the executor is validly appointed.
For estates without a Will, an application for administration (Letters of Administration) is made to the Supreme Court by an appropriate person, often a principal beneficiary, to be appointed by the Court as administrator.
Toowoomba Lawyers at Murdoch Lawyers act for executors and administrators in all stages of the administration of a deceased estate ensuring that the process is as efficient and smooth as possible.