11th August, 2025
Choosing an executor is one of the most important parts of writing a Will. This person is responsible for carrying out the instructions left in your Will after your death. Because of this, it’s vital to choose someone who is capable, trustworthy, and well-informed.
What Is an Executor?
An executor manages your estate after you pass away. They make sure your debts are paid, your assets are protected, and your wishes are followed. As part of their duties, they may apply for probate, collect assets, pay liabilities, and distribute property to beneficiaries.
Although it might seem straightforward, the role can become time-consuming or even complex. For example, if the Will is contested or if disputes arise among beneficiaries, the executor may need to manage legal proceedings.
Who Can Be Appointed?
In Australia, anyone over 18 years old can be named as an executor. They must be of sound mind and not serving a prison sentence. While these requirements are broad, it’s important to select someone who can handle the role’s responsibilities.
Often, people appoint close friends or family members. This keeps the process personal and can reduce legal costs. However, some choose to appoint a professional, such as a solicitor, who brings legal expertise and impartiality.
In some cases, a combination of both can be ideal. For example, one family member and one lawyer may be named co-executors. This ensures both emotional understanding and legal accuracy.
Can a Beneficiary Be an Executor?
Yes, a beneficiary can also be the executor. In fact, this is very common. Adult children, spouses, or siblings often act in both roles. This setup can streamline the process and reduce the number of people involved.
Nevertheless, challenges can arise if other beneficiaries disagree with the executor’s decisions. In these situations, having an independent executor may help avoid conflict.
Key Duties of an Executor
An executor’s responsibilities start shortly after death. They must obtain the death certificate, arrange the funeral, and notify relevant institutions. After that, they apply for probate, manage estate assets, and pay any debts.
Additionally, they may need to protect property, handle superannuation claims, or even sell assets. Once all duties are fulfilled, they distribute the estate according to the Will.
In contested Wills, the executor defends the estate in court. They must also communicate with all beneficiaries and maintain accurate records.
Can an Executor Decline or Resign?
Yes. A nominated executor can refuse the role before acting on it. If they’ve already started, they must apply to the court to resign. The court may then appoint someone else.
If the executor passes away or becomes unfit, a replacement may be named in the Will. Otherwise, someone else -often a beneficiary- can apply to manage the estate.
Need Help with Wills and Estates?
At Castrikum Adams Legal, we understand how complex estate administration can be. Whether you’re choosing an executor, writing your Will, or navigating probate, our experienced solicitors are here to guide you. We offer personalised, compassionate advice to help protect your family’s future.
Contact us today to schedule a consultation and ensure your estate is in the right hands.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.