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Executing a will
Executing a will is the process of distributing the assets and following the wishes of the deceased person. The deceased person's will tells you who the executor is. This person is responsible for carrying out the wishes of the person set out in the will.
What if I don't know where the will is?
Generally, a will is kept in one of the following places:
- a safe place in the home
- with a friend or relative
- with a solicitor
- a bank or with an accountant
- the Public Trustee.
Dying without a will - Public Trustee
An executor is a person chosen to carry out the terms of the will. If you have been nominated as an executor:
- see the Public Trustee website for information about the duties of an executor
- ring the Public Trustee office on 8226 9200
- contact a solicitor for advice and assistance.
Contesting a will
The validity of a will can be questioned for a number of reasons. For example, contesters of a will may argue that:
- the person did not have the capacity to make the will at the time it was signed
- the person was unduly influenced by another person in making the will
- parts of the will were changed after it was signed.
To challenge a will, you should seek legal advice and make an application to the Supreme Court. An application must be made within six months of the grant of probate of the will.
Contesting a will - Legal Services Commission.