What is an executor of a will, and why do you need one? 

For example, when dealing with property assets, an executor should consider who has access to that property, if the property is insured, whether the policy is up to date and whether terms and conditions of the policy are being met.

Where motor vehicles are concerned, an executor should determine who has the keys, who drives the vehicle, the status of the vehicle’s insurance policy and consider who’s responsible for costs if there’s an accident.

An executor acts as a legally appointed representative to protect the assets of a deceased estate until they can be passed on to beneficiaries. This includes those beneficiaries who might reside interstate or overseas. Executors work to mandatory waiting periods for deceased estate administration tasks such as obtaining a Grant of Probate and conveyancing. It is good practice for executors to communicate regularly with beneficiaries to ensure there aren’t any misunderstandings or conflict about the process of deceased estate administration.

One thing that can be overlooked is the risk of claims against the estate. Once an executor obtains a Grant of Probate, Victorian law provides for a six–month period in which someone may make a claim on the estate. This is sometimes called the ‘Testator Family Maintenance’ (TFM) period.  

A TFM claim is typically made against an estate for money by a member of the testators’ family who believes they were entitled to more from the will than they receive. Claims don’t happen on every estate but mishandling one can cost the estate.

Claims requesting a share of funds or a greater share of funds are sometimes made by estranged family members and ex-partners of the deceased. If an executor were to pay out the funds in an estate before the TFM period expires and a valid claim later arose, an executor may end up paying for the legal bills and any settlement amount out of their own pocket. 

Being an executor often means making some tough decisions. It helps to have some experience in finance, business or law which can assist in resolving estate issues, liabilities and disputes. 

Executor Assist is a tailored service offering from State Trustees for executors who wish to retain their role but require expert guidance with obtaining a grant of probate and other specific deceased administration tasks. 

For executors who do not wish to remain in the role, State Trustees can assume full legal liability and responsibility for administering a deceased estate, whether or not the person had made a Will before they died. 

Without a will, the deceased is found to be intestate. This means the estate is distributed in accordance with the laws of intestacy. These laws dictate a particular order of payment to the family members of the deceased.

Anyone above the age of 18 can act as an executor of your will. It can be a family member, friend, lawyer or other professional, or a trustee company such as State Trustees. When choosing an executor, they should be someone you trust who has the skills and time to manage complex legal and financial matters when you’re gone.

When choosing a will executor, it’s a good idea to let them know before naming them in your will. Once you’ve made the decision, have a chat with them regarding your financial details and let them know where all your important documents and financial information are kept. This will make it a lot easier for the executor to get all your affairs in order later. 

A lot can happen between agreeing to execute a will and becoming an executor. 

If you’ve been appointed as executor but don’t believe you have the capacity to fulfil the required duties, you can choose to authorise State Trustees to administer the estate on your behalf. 

While professional qualifications are not required for executing a will, there are complexities that come with a deceased estate which may require professional assistance. Consider choosing a professional executor if you are worried things could turn sour between family and friends after reading your will. While this can come at a cost, it can be advantageous to ensure it is dealt with in a professional manner. 

This approach may also be suitable if you don’t have a close relative or friend to choose as executor. A trustee company such as State Trustees can help in situations that may be complicated or ones that might require long-term administration. Appointing a professional can also help avoid problems if family members are unhappy with the terms or an appointed executor dies. A professional executor’s responsibility is to act objectively in line with your wishes.

Being an executor can be overwhelming, and it is understandable that people feel lost about where to start. State Trustees administers more deceased estates than any other organisation in Victoria. Our expert team understands all the aspects and challenges of deceased estate management. We work with executors and grieving families daily to ensure administration is impartial and in the best interests of all