People often share their own experiences or stories they've
heard about Wills and Estate matters with their family and friends.
This can sometimes create myths about the way that Wills work.
Here are a few facts you should know about Wills made in Western
Australia:
1. EXECUTORS' OBLIGATION TO ACT
The person (or persons) that you nominate to be your executor in
your Will is not obliged to accept that role. A clause appointing
the executor is a wish only. This means that if your nominated
executor is unable or unwilling to act, then they cannot be
compelled to act.
Your Will simply gives your nominated person a right of priority
to act as your executor. However, your nominated person is able to
renounce this right if they do not wish to act for any reason. If
your nominated person renounces their right, then another person
will be required to act as the administrator of your Will. This is,
in most cases, one of the residuary beneficiaries of the Will.
