When the Willmaker dies his or her Executor takes charge immediately. The Executor has all the rights and responsibilities from the moment the deceased dies - even before the Executor obtains Probate. These slides are intended to provide those who are to administer the will the guidance. Those administering a deceased estate should seek appropriate legal and taxation advice from Etienne Lawyers.

1. Surprise! You’re the
Executor of the Will

2. www.etiennelaw.com
What Needs To Be Done Promptly?!
!
It is difficult to make decisions at a time of personal
distress.!
Only a FEW things need to be done in the first couple
of weeks after the death.!
The Practicalities

3. www.etiennelaw.com
The will is an important document and should be
located and read prior to commencing any formal
arrangements.!
The Will appoints the Executor.!
The Will may contain instructions concerning the
deceased’s burial and funeral wishes.!
The Will should be kept safe and handed to Etienne
Lawyers at the time of giving instructions for obtaining
Probate.
Locate and Keep Secure
the Will

4. www.etiennelaw.com
Arrange the Funeral
The funeral ceremony is very important and helps
people accept the reality of death.!
Check the deceased’s records to see if there are funeral
plans or instructions.!
Check the Will to ascertain whether the deceased
incorporated any burial instructions in it.!
At law the body of the deceased becomes the property of
the Executor. The Executor has the final say on how and
where the body is to be interred.

5. www.etiennelaw.com
Funeral Costs
Funeral costs can be considerable.!
You need to pay the funeral costs almost immediately.!
Banks generally release the funeral costs from the
deceased’s bank account.!
If you have problems with the bank releasing money
to pay the funeral costs speak to Etienne Lawyers.

6. www.etiennelaw.com
Take Control of and Protect
the Deceased’s Assets
Take possession of the deceased’s assets
where possible and protect them.!
Check that the car, home and other
assets are insured.!
If something happens to them you may
be personally liable.

7. www.etiennelaw.com
Shares!
Personal Effects!
Cars!
Houses and Real
Property!
any debts that are
owing to the
deceased!
Any debts that the
deceased owes to
other people.
A List of Assets May Include

8. www.etiennelaw.com
Notify your Solicitor
Advise Etienne Lawyers promptly of the
deceased’s death.!
While little needs to be done in the first
few weeks after the funeral, your
solicitor can answer preliminary
questions and advise of any issues of
concern.

9. www.etiennelaw.com
Getting the Death Certificate
Their is generally nothing further you can do as
Executor until you get the Death Certificate.!
The Registration of Death is official proof of death.!
The deceased’s doctor signs the required forms.!
The forms are then lodged with the Registrar
General’s Office.!
It takes about 3 weeks for the funeral director to
arrange and then give you the Registration of Death.

10. www.etiennelaw.com
If the deceased was receiving Centrelink benefits at
the time of death, Centrelink should be notified as
soon as possible.!
The deceased’s spouse may be entitled to a
“bereavement allowance” from Centrelink but it is
imperative the application be made promptly.
Notify Centrelink if applicable

11. www.etiennelaw.com
Reading of the Will
Unlike in the movies there is
rarely a formal reading of the
Will.!
However, if the family request a
formal reading of the Will they
are entitled to it.

12. www.etiennelaw.com
The Executor takes custody of the Will.!
It is prudent to give all beneficiaries a copy of the
Will and keep them apprised of the situation.!
The Executor can be sued if the Executor does not
act in the beneficiaries’ best interests.
Who Gets Copies of the Will

13. www.etiennelaw.com
Applying for Probate of
the Will
The term “probate” describes the process of “proving the
Will”.!
The end result is the issue of a formal “probate document”
which provides legal authority to the Executor to deal with
the deceased’s assets.!
The Executor in most cases will be required to obtain a
Grant of Probate from the Court.!
The Executor should consult with Etienne Lawyers to
arrange for all the legal matters to be attended to promptly.

14. Steve Brown!
sbrown@etiennelaw.com
If you have any questions
concerning Wills or Probate
call 1300 882 032
www.etiennelaw.com
etienne
LAWYERS
in association with Davis King & Co