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ARTICLE · 02 SEPTEMBER 2021

Challenging an Executor of a Will

If a co-executor or a beneficiary of a Will wishes to challenge an executor, it may be necessary to apply to the Court.

AustraliaFamily and Matrimonial

An Executor is a person (or persons) nominated by a Will maker to ensure that the terms of their Will are carried out upon their death. While it sounds straightforward, there is often confusion surrounding the powers of an Executor and what happens if they misuse those powers or do not act in the best interests of the beneficiaries of the Will. Here, we explore some common questions about Executors and challenging an Executor of the Will.

The roles and responsibilities of an Executor

Appointing an Executor is not a decision that should be taken lightly. An Executor has many responsibilities, which can range from arranging the funeral through to repaying any debts owed by the deceased in their lifetime, claiming under any available insurance policies, protecting the Will maker's assets until distribution, including by way of investment, obtaining probate, if necessary, and ensuring that assets are distributed according to the terms of the Will. If the Will

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