Yes. You can appoint a legal practitioner of Curae Law as the executor of your Will and many clients do where there’s no obvious family member for the job or where they’d rather not put one in that position.
What does an executor actually do?
Your executor applies for a Grant of Probate, identifies and secures your assets, pays your debts and taxes and distributes what’s left to the people named in your Will. They’re personally accountable to the beneficiaries for this job.
For a straightforward estate, being an executor is usually a manageable job for a capable family member, who still has the option to engage lawyers to help them if they need.
For an estate with a business, property in more than one state, a beneficiary who’s difficult or a family likely to argue, it’s a considerable undertaking to hand to someone who’s also grieving.
What does it cost?
If you’ve appointed Curae Law as your executor, your Will entitles us to charge legal costs in relation to the administration of your estate.
Our fees for administering an estate aren’t calculated as a percentage of your estate. They’re based on the work we carry out on behalf of the estate.
We advertise fixed prices for some estate administration tasks, such as an application for Probate. For other services we can provide a quote or an estimate of costs.
Should you appoint a professional or a family member?
If you’re unsure about appointing a professional executor, you could consider appointing a trusted family member or friend and giving them a direction in your Will to obtain professional advice. That way the person who knows your family makes the decisions and somebody else does the technical work.
A professional executor tends to suit an estate where the family is likely to disagree, where no beneficiary should be seen to be in control, where the beneficiaries are overseas or where there’s nobody willing to take it on.
A family executor tends to suit a straightforward estate where everybody gets on and somebody has the time.
If you’re unsure, talk to us at your consultation and we can help you make the decision that’s right for your family.
Frequently asked questions
Can my executor also be a beneficiary?
Yes and it’s very common. Most people appoint their spouse or an adult child, who is usually also a beneficiary.
Can I appoint more than one executor?
Yes. Two can work well where you want a check on the decisions, though they have to agree on everything, which slows an estate down where they don’t get on.
What if my executor dies before me or can’t act?
Your Will should name a substitute. This is a good reason why you should check your Will every few years. See How often do I need to update my Will?
Does my executor have to take the job?
No. Being named doesn’t oblige anyone to act, which is why it’s worth asking the person first. An executor who renounces leaves the estate to be administered by somebody else.
Talk to us about your executor
Choosing an executor is one of the decisions worth thinking about properly rather than defaulting to the eldest child. We’ll talk it through when we prepare your Will.
Book an appointment or call the Wills team on (08) 9220 4433.
See our Wills service and pricing.
This article is general information and not legal advice.
