What Happens If an Executor Has Not Been Appointed in A Will Or, Is Unable or Unwilling to Act?

An Executor is the person who is responsible for carrying out a deceased's wishes as set out in their Will. When a Will has been made but did not appoint an Executor, the Court will instead appoint an administrator to carry out the terms of the Will.

The Executor No Longer Wants the Role

Where there is a nominated Executor, it may be that they no longer wish to take up the role. They can give up responsibility by filing a renunciation. This is done by completing the relevant form from the Registry of the Supreme Court. We can assist with completing and lodging these forms.

The Executor Cannot Fulfil the Role

Sometimes it is not possible for the named Executor to act because they have died or have lost mental capacity. This can happen when the Will is quite old and has not been updated to reflect a change in circumstances. We can help to ensure your Will is up to date.

Appointing an Alternative Executor

Given the responsibilities of an Executor, it is important to appoint someone you trust. It is also a good idea to select an alternative in case your first choice is unable or unwilling to act. As Solicitors, we can act as Executor if desired, providing objectivity and expertise.

Contact our Wills and Estate Lawyers in Sydney, NSW

Szabo & Associates Solicitors can provide expert advice on all matters relating to Wills and Estates. Please contact us on (02) 9158 6333 or complete our online contact form.