What happens if the executor of a Will is unable or unwilling to act?
If the executor of a Will has died, lost capacity or is unwilling to act, what steps can you take to get the administration of the estate moving?
If the executor of a Will has died, lost capacity or is unwilling to act, what steps can you take to get the administration of the estate moving?
In all states and territories of Australia, stepchildren either have an explicit or conditional right to challenge their stepparent’s Will. If you think there is a risk that your stepchild(ren) may make a family provision claim, this blog will answer some of your questions.
When someone dies there are things that must be done immediately and things that may take 12 or more months to action and resolve. Who does these ‘things’ and what are they? In many cases it is the executor of the deceased’s Will who must act. Usually, the executor is a family member or members, a friend, a professional or a combination of the above. The Will maker has chosen you because you have the skills and experience to occupy that role, have a vested interest in administering the estate or you are a trusted relative or friend.
Generally speaking, the contents of a Will are private and are not able to be disclosed without the testator’s authority until after they have died. However, there are some circumstances where you might be able to get a copy of Will without waiting for it to be admitted to probate.
If you’ve been named as an executor in someone’s Will but don’t want to act, here’s what you need to do.