What does an executor of a will do?
An executor is the person named in a will to carry out the wishes of the will-maker after they pass away. The role can involve a great deal of time, effort, and sometimes emotional strain, depending on the size and complexity of the estate.
The executor represents the deceased in finalising their financial, personal, and legal affairs. Most executors engage a law firm to assist with this process — from applying for probate in the Supreme Court, through to arranging tax returns, interpreting the will, and ensuring the estate is distributed correctly.
The main steps in estate administration usually include:
- Applying for probate
- Locating and securing assets
- Paying outstanding debts
- Defending any legal claims against the estate
- Lodging tax returns
- Distributing assets to beneficiaries
In some cases, an executor may be entitled to charge a commission for the work involved. Our experienced deceased estate lawyers can provide clear advice on an executor’s responsibilities, as well as any entitlements to commission.
What power does the executor of a will have?
The executor of a will is the person responsible for managing the estate of someone who has passed away. They act on behalf of the deceased to make sure the wishes in the will are carried out.
An executor has a legal duty, known as a fiduciary duty, to act in the best interests of the beneficiaries and to protect the estate’s assets. They cannot use their position for personal benefit or take actions that might harm the estate or disadvantage beneficiaries. If beneficiaries believe an executor has acted improperly, they can apply to the probate court to have the executor’s actions reviewed.
At Parke Lawyers, we can explain the role of an executor in more detail and provide guidance if you are an executor yourself, or if you are a beneficiary concerned about how an estate is being managed.
Can you remove an executor from a will?
In most cases, an executor cannot be removed simply because beneficiaries are unhappy with them. However, the Court may step in if there is a strong reason to show the executor is unfit to carry out their role. This usually means there has been negligence or misconduct that harms the beneficiaries or the estate.
Examples include:
- Causing unnecessary delays in administering the estate or paying beneficiaries
- Failing to keep beneficiaries informed
- Failing to properly account for the assets of the estate
If concerns arise, beneficiaries can apply to the Supreme Court to have the executor reviewed or, in serious cases, removed.
What does the executor of a will get paid?
In Victoria, an executor is entitled to be reimbursed for any reasonable expenses they incur while carrying out their duties (for example, court filing fees, travel costs, or legal fees).
Executors are not automatically paid for their time, unless:
- The will specifically provides for a payment or “executor’s commission,” or
- The beneficiaries agree, or
- The Court approves a commission for the executor’s “pains and trouble” in managing the estate.
If the Court is asked to decide, it will usually award a commission that is a small percentage of the estate’s value, depending on the complexity of the estate and the work required.
At Parke Lawyers, we can advise both executors and beneficiaries on what is fair and reasonable in the circumstances.
