Importance of seeking legal advice on who you choose to be your Executors

(a) Will-maker appointed their 2 children who do not get along. One Executor refused to act and delayed the administration of the Estate. Eventually one executor had to make an application to the Supreme Court to have the other removed as executor.

Result: Each executor has had to engage their own lawyer, which has resulted in long delays in the administration of the Estate and two sets of legal fees diminishing the amount left to be paid to the beneficiaries.

(b) Will-maker appointed a family member who they had no relationship with, and the Will maker did not communicate with the appointed Executor to advise they had been appointed.

Result: We had to undertake a significant amount of work to locate the Executor who given the estranged relationship with the deceased, did not want to act as Executor. Administration of the Estate was delayed until the Executor could be located and their position renounced which incurred significant legal fees to the Estate before we could even apply for Probate.

(c) Will-maker appointed an older sibling as their Executor and did not appoint any alternative Executor. Their sibling pre-deceased them and the deceased had no children or close relatives.

Result: A distant relative stepped in and made application to be the Administrator of the Estate. This may not have been whom the deceased wished to administer their Estate.

(d) Will-maker appointed one of their children, and Wollerman Shacklock Lawyers as their Executor. There was conflict amongst the family and children, particularly toward the sibling who was appointed as Executor.

Result: Having the balance of a family member with our office acting as Executors, assisted in minimising the conflict between the beneficiaries. The remaining beneficiaries had confidence knowing our office was ensuring the Estate was administered in accordance with the Will. This kept legal fees down and negated the likelihood of a claim against the Executor or the Estate had we not been appointed joint Executor.