Executors Duties and Disputes
Being an executor is a significant responsibility. Executors often need assistance in knowing how to carry out the terms of a will and properly administer an estate.
We provide executors with tailored advice regarding their duties and responsibilities in all areas of estate administration, including:
- Seeking directions from the Court as to the meaning of particular terms in a will, where they appear ambiguous
- Assisting executors with the preparation of estate accounts for consideration by the Court
- Providing advice regarding an executor’s and/or administrator’s duties
- Commencing action on behalf of the estate for the recovery of debts owing to the estate
Our Services
Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.
We have advised and acted for clients based in other states of Australia as well as overseas.
Probate and Letters of Administration
When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.
MoreChallenging the Validity of a Will
You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.
MoreExecutors Duties and Disputes
BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.
MoreBeneficiaries Concern Over Estate Administration
Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.
MoreTrust Disputes
Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.
MoreComplex Estate Disputes
We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.
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