By - Marian Soto

What Constitutes Best Practice For The Executor of The Will in NSW

writing a will

The executor of will in NSW has a fair amount of responsibility resting on their shoulders.

This is a task usually handed down to a partner, next of kin or a party that is inherently trusted to look after their estate once deceased.

There will be legal practitioners who pass on their own advice and look after the logistics of managing the paperwork, but so long as the executor is of legal age, this is not a duty that can be passed on easily if they do not want to carry out the task.

To avoid feeling overwhelmed by the situation, it is always worthwhile taking stock of what the role actually constitutes in the state.

 

Obtain The Will

Step number one that is necessary for the executor of Will in NSW is a simple one: obtain the Will. This is a document that could be in the position of a lawyer, in the possession of the next of kin or kept in a secure location such as a safe on the property. The additional steps can’t be taken without this form being present.

 

taxPay Off The Debts and Taxes

Managing the deceased estate can become stressful and complicated when it comes to paying off the debts owed to creditors, mortgage payments and taxes as well. This is a matter that can be aided by the inclusion of a financial planner, as it is necessary to ensure that the taxes are filed from the start of the financial year until the date of death.

 

Look After The Property

Until the stage where a property can finally be sold or handed over to another party, the executor of the Will in NSW is given the responsibility to look after its condition. This does not mean having to live on site during this period, but it has to be kept in pristine condition in order to become an attractive proposition for real estate agents once put on the market.

 

Notify Relevant Authorities

lawyer

From the banks to insurance providers, telecommunication companies, landlords and others who have a stake in the affairs of the deceased, the executor of the Will in NSW must notify them. This will prevent an unnecessary backlog of bills and documents piling up and avoiding a logistical nightmare in the weeks and months to follow.

 

Establish New Account For Incoming Funds

Should there still be cash flow sourced from the deceased, then it will be the duty of the executor to establish a brand new account for those incoming funds.

 

See if a Probate is Necessary

A probate is required when there is doubt or confusion about the status of a Will. The executor of the Will in NSW has to check and see whether or not this process is necessary under NSW law, ensuring that the document is indeed valid and able to be considered legitimate in court.

 

Distribute Assets to Beneficiaries

Once all of these other boxes have been ticked, the executor of the Will in NSW is in the privileged position of distributing the assets to the beneficiaries. This is a task that can include a number of helpers and aid from various services, lawyers and contacts, but it will be their duty to ensure this activity is well managed.

 

Summary

If the executor of the Will in NSW follows through on these steps, they will be able to satisfy their position and ensure that the process is legal and above board. A citizen who passes on this degree of responsibility should do so under the knowledge that this is not a mantle that sits easily, but with some assistance along the way they can manage these activities without too much stress or hassle.