Law

Last Will

The Role Of An Executor Of A Will In NSW

Have you been named as the executor of a will in NSW? Perhaps someone has asked you to act in this position and you’re not really sure whether or not it’s a good idea. It’s definitely not a responsibility that should be taken lightly and if you’re considering being appointed as the executor of a will in NSW by a family member or a friend; there are certainly a few things you should keep in mind. Check out the guide below for all the information you need on the role of an executor of will in NSW.

What are they?

An executor of a will in NSW is basically responsible for ensuring that the final wishes of a person are carried out. You might make a friend, family member or professional person like your solicitor your executor. Carrying out the tasks required of an executor of a will in NSW require a number of skills and decent financial literacy, so before you agree to the role you should think about whether or not you’re the right fit.

The role carries with it a number of complex and quite heavy responsibilities, the main ones you should keep in mind including;

Administration

 

Executor of will in NSW talking to an old womanAs the executor of a will in NSW you’ll be responsible for the administration of the final wishes of the deceased. To do this properly you’ll need to locate the original document; this is usually straightforward as most people will be told where it is located before the deceased person has passed away.

You will also need to make arrangements for the funeral which can often be distressing. If you agree to take up this position, you’ll need to organize the funeral as soon as you possibly can after death occurs. You will need to make sure that any wishes specified in the will are adhered to. Their wishes must be followed as closely as possible because otherwise, it could mean that you may face legal consequences. It is for instance illegal in the state of New South Wales to cremate a person if it is against their wishes. When making funeral arrangements the person executing the will should make an effort to speak with the persons family to make sure that religious requirements are possibly taken into consideration.

Getting probate granted

Probate is a very important part of the administration of any will. Every executor of a will in NSW should understand how probate works as it’s an essential part of the role. After death, a probate application is required. Probate is basically the recognition of a document’s validity and is required before assets can be provided to those who are to receive an inheritance. Probate is acquired by applying to the courts for a grant. It’s generally quite a straightforward process but might be complicated by a particularly large or complex estate. Before most insurance companies or super providers will release funds, probate is needed. It’s also a very necessary requirement if real estate is to be transferred to inheritors.

Protecting assets

An important part of the job of an executor of a will in NSW is protecting an estate’s asset. A person in this position must ensure that they do everything they can to ensure that the assets of an estate are protected and now unnecessarily depleted.

Establishing liabilities and assets

Another important aspect of the job is creating an inventory of an estates overall assets as well as establishing a list of its liabilities. After death any debts will need to be settled and assets transferred to inheritors.

father-child-mother

How To Work Productively With Sydney Family Lawyers

If circumstances demand that you hire a Sydney family lawyer, then you would obviously want to work as productively as possible with them. While you are no doubt going through an emotionally difficult time, it will be beneficial for you to try and work as efficiently as possible with your solicitor so that you can walk away with the best outcome.

The following will look at a few tips you should follow to work productively with Sydney family lawyers.

1.    Attend meetings on time and come prepared

One of the main reasons you will hire good Sydney family lawyers is so that they can help you organize your case and navigate the legal complexities of your situation. However, this does not mean you will not benefit from keeping organized and being punctual yourself.

It’s important that you attend all meetings with your solicitor and come prepared with whatever relevant documentation they require from you. If you have trouble remembering (who can blame you during this hectic time), it’s always helpful to take notes on your phone and set calendar reminders.

The more prepared and punctual you are, the more efficiently your Sydney family lawyer will be able to work on your behalf. They can only get things done as quickly as you enable them, so being late or disorganized on your end is tantamount to shooting yourself in the foot.

2.    Be honest and explain things clearly

Working with your Sydney family lawyer also requires you to put your faith in them. You should not be afraid to be honest with them about relevant details concerning your case. The more honest you are, the better your solicitor will be able to prepare for arguments brought forward by their counterpart representing your ex.

If your ex produces some evidence that you failed to inform your solicitor about, they would not be able to help you defend against it. This could give your ex the upper hand in negotiations or if litigation becomes necessary.

Sometimes it can be difficult to open up about certain subjects, especially those related to family matters that are normally private. However, your Sydney family lawyer is sworn to confidentiality and is there to work in your best interests, so you need to trust them.

3.    Remain calm and objective

Sydney family lawyer talking to a client

While this is obviously easier said than done when it comes to getting divorced, being as calm and objective as possible will help you in speeding up and getting the best outcome from this process. Your Sydney family lawyer will, of course, understand that this is a difficult time for you and do their best to empathize, but you should not dwell too much on the emotional side of things if you can help it.

Unless it’s directly relevant to helping you secure the outcome you want, it’s not the best use of your time to focus on your feelings or talk negatively about your ex. You should seek a mature, quick, and mutually agreeable settlement with your ex instead of trying to aggressively go after them, as this rarely ends well.

This is why the vast majority of cases are settled out-of-court via private negotiation between disputing parties and their solicitors. Sydney family lawyers, while prepared to go to court on your behalf, are going to be focused on helping you get a quick and clean outcome that allows you to move on with your life without regret.

Working with Sydney family lawyers is really only as difficult as you make it. If you go into the process with a calm, reasoned approach, then you will get ideal results much quicker.