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What is an executor?

An executor is a person who will deal with your estate after you die.
The job of your executors is to apply for the probate documents, pay your debts (out of your estate assets) and distribute your estate in accordance with your will.

How many executors should I have?

It is advisable to have at least two executors in case one is unable or unwilling to act.
However, too many executors tend to make the probate process more protracted as more people are involved who must be party to the different probate forms etc. and the decision making.
We allow you to appoint up to four executors, but many wills appoint two executors.

Who should I appoint as executors?

An executor must be over 18 and of sound mind
It is better to choose people who know you well and will be able to identify people named in the will such as beneficiaries, guardians for minor children etc.
Appoint people you can trust.
Don't appoint people who are much older than you (as you will probably outlive them).
It is common to appoint a spouse, adult children, siblings, close friends etc.

What if I don't know their address?

Just put in as much of their last known address as you know, even if it is just the town name. For example:
I appoint my cousin William Smith of ...
  • ... 34 High Street, Byron Bay, NSW.
  • ... High Street, Byron Bay, NSW.
  • ... Byron Bay, NSW.
The above examples are all fine, but the more information the better.

How will my executors deal with my assets?

With regards to your assets, the job of your executors is to:
1) Apply for the probate documents (the documents that prove to organisations such as banks etc. that the executors have the right to deal with your assets)
2) Collect in your assets (money from bank accounts etc.)
3) Pay your debts (out of your estate assets)
4) Distribute any specific gifts made in your will (if any)
5) Distribute the rest of your estate (your Residuary Estate) in accordance with the Residuary Clause in your will
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