Executors and Administrators Their Duties & Removal
Executors are the persons appointed under the will and are responsible for offering the Will for probate. The Executors' duties also include the disbursement of property to the beneficiaries as stated in the Will, also obtaining information about any other potential heirs, collecting and arranging for payment of debts of the estate and dealing with creditor's claims.
Administrators handle estates where no will has been made or discovered.
Duties of Executors and Administrators
Executors and Administrators are duty bound to also make sure estate taxes are calculated. Forms are filed and tax payments made, and in all ways assists the lawyers for the estate.
Executors and Administrators are the representatives of the estate for all purposes, and have the ability to sue or be sued on behalf of the estate. They also hold legal title to the estate property, but may not use that property for their own benefit unless expressly permitted by the terms of the Will.
Removing an Executor or Administrator
This area of the law is complex and requires specialist advice, particularly if the executor/administrator remains out of Victoria for more than two years, they desire to be discharged from this office, they are unfit or incapable to act in this office or if they have committed a breach of trust.
Executors Entitlements Under a Will
Executors and Administrators can only make limited claims for the duties they perform. They are entitled to expenses incurred in carrying out the Will or Estate and they may also make claims for commission. Executor's commission is not an automatic right, but it is possible if the Will provides for it or if all the beneficiaries have agreed to it, or the Executor makes application to the Court for such allowance. Other than these circumstances, executors are not entitled to reap any benefit under the Will or Estate.
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Contact My Lawyers as a matter of urgency to avoid the numerous pitfalls, serious unforeseen consequences that are usually encountered by unprepared executors and administrators in dealing with Wills and Estates.
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