As executor you are responsible for arranging and ultimately making payment for the funeral.
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As executor you are responsible for finding the last will made by the deceased.
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As executor it is your job to let the beneficiaries know that they have been named in the will.
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Sometimes it is sensible for an executor to decline to take on the role even though they have been named in the will.
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No one is allowed to deal with the deceased person’s assets before probate has been granted, and then it is only the executor.
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As executor it will be your job to identify the deceased person’s assets and liabilities.
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As executor you’ve got to keep the assets safe and take what opportunities are reasonably available to you in order to increase them, or at least avoid them depreciating or getting lost.
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Normally the first medical practitioner who attends the deceased after his or her death will issue a medical death certificate. The original of this document will be given to the funeral director that you choose, who will use it to apply for a death certificate from the Registry of Births Deaths and Marriages.
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As executor one of the first things you will need to determine with your solicitor is whether it is even necessary to get a grant of probate.
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As executor you will be responsible for putting the whole world on notice that you intend to obtain a grant of probate of what you understand to be the deceased’s last will.
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As executor you may have to deal with claimants who wish to challenge the will or claim against the estate.
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As executor of the estate you will be entitled to be reimbursed all reasonable expenses you pay on behalf of the estate.
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As executor you may be entitled to a payment for your “pains and trouble in administering the estate”.
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As executor you will be giving an undertaking to the court that you will administer the estate in accordance with the law. This means meeting certain deadlines.
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As executor you will be responsible for obtaining all necessary income tax assessments and getting them paid from estate money.
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If you as executor arranged to sell an estate asset during the administration of the estate and that asset sale creates a CGT liability then it will be assessed in the estate’s tax returns and the tax liability paid out of estate money.
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As executor of an estate you will almost certainly be engaging solicitors to act for you in obtaining a grant of probate and administering the estate.
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Grandparents generally do not have a responsibility to provide for grandchildren. So what happens when grandchildren try and bring a claim against their grandparent's estate? Read more
It is recommended you seek legal advice when dealing with retirement village contracts as the contract can be large with many conditions. Retirement Villages are subject to the Retirement Villages Act, but as long as a village complies with the Act it can decide on the details of its arrangements with its residents! Read more
A parent is entitled to cut a child out of their will, particularly if there has been a serious break down in the relationship. However the reason behind the break down of the relationship can be reviewed by the court and adjustments in gifts can be made at the courts discretion. Read more
When considering estate planning documents often clients think about keeping their wills and power of attorney's up to date but forget about making their superannuation work with their will and thus risk their wishes not being carried out. You must ensure that your superannuation death benefit ends up with the correct beneficiary or risk the Trustee ignoring your wishes! Read more