Executors of wills and estates

Commonly asked questions about being an executor

If the deceased has no next of kin or if it is laid out in the will that the executor is to arrange the funeral, funeral arrangements must be paid for by the executor, who is then normally entitled to receive reimbursement from the estate of the deceased. If the deceased has funeral cover in place with their insurance agency, the funeral will normally be partly or wholly covered by their funeral bonds, so no money from the deceased’s estate may need to go towards the funeral cover.

An executor is the person who is specifically named in a will to carry out the deceased’s wishes and manage the estate. An administrator is the term given to a person who has been named to manage the estate by the Succession Act 2006 in cases where an executor has renounced their appointment as executor and not named an alternative appointment, or where a person has died without a will. Both an executor and an administrator both carry out essentially the same duties and responsibilities.

If you do not wish to act as the executor of the will or are unable to for whatever reason, then you can formally renounce the appointment and appoint another person (normally a close relative or friend that you trust), a lawyer, or the NSW Trustee and Guardian to be the executor of the will. This is a common option for many people, as it relieves a lot of the responsibility and stress involved with being an executor. If no alternative appointment is made, NSW law lays out in the Succession Act 2006 who will need to assume this responsibility.

Our experts

Postcode

News

Dangers of changing your home ownership structure in your senior years
05 Oct
Parents and grandparents are coming under increasing pressure to use their home to help ...
Read More
Need for caution before signing a retirement village contract
21 Sep
Recent revelations of elderly people being thrown out of home because of fine print in ...
Read More
Elder financial abuse – confronting a hidden epidemic
19 Sep
Elder financial abuse – where a person takes advantage of an elder person’s financial ...
Read More
Forfeiture rule: why you can’t kill your parents and then inherit their estate
23 May
A NSW woman is campaigning to change the law so that her brother who killed their parents ...
Read More
The lighter side of the law: when law and comedy collide
03 May
On the face of it, there doesn’t seem to be much that is amusing about the law. ...
Read More
Hornsby law firm Collins & Thompson broadens horizons by joining Stacks Law Firm
03 Apr
Hornsby law firm Collins & Thompson is broadening its horizons by joining Stacks Law ...
Read More
Estranged daughter brings successful family provision claim after being left out of mother’s will
08 Mar
The recent case of Jodell v Woods before the NSW Supreme Court highlights how a family ...
Read More
She made his life hell but still got a chunk of his estate
15 Feb
An ex-wife who vowed she would make “what was left” of her ex-husband’s “wretched ...
Read More
Helping your business survive through death and divorce – family law and estate planning strategies
14 Feb
In a business context, the failure of a marriage or de facto relationship or the death, ...
Read More
Importance of succession planning to keep the family farm in the family
17 Jan
Making sure the family farm or family business stays in the family might seem pretty ...
Read More
Ten point checklist to update your estate planning
08 Dec
New year’s resolutions usually last as long as the beer and cake left over from the ...
Read More
How to make your will challenge-proof
22 Nov
Challenging wills has become much more widespread, as property prices have soared and the ...
Read More

Why Stacks


No hidden fees
Nobody likes surprises on their bills, so we take the time to agree with you exactly what our work will cost before we do it (not after!)

Deep expertise
Our lawyers aren’t ‘general practitioners’, they’re experts in their chosen fields of practice (many are Accredited Specialists)

Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence


Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve

Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931

Progressive practice
We invest in technology and systems so that our services are always cost effective and clients are in control of their own legal affairs

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Fill out this form and one of our experts will contact you
within one business day

By submitting this form you agree to the terms of our Privacy policy

Need help? We’re here to assist