My father is really unwell and we want to get his affairs in order. The person he named as executor was his brother but his brother passed away last year. What do we do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Rebecca Bardaxis of Restorative Law Practice, Parramatta 2150 NSW
- If no executor or substitute executor can be identified through the will then the court will appoint an administrator for you.
- Usually this will be the beneficiary with the largest share of the estate according to the will.
- The fact that your father's brother has passed away should not be a barrier to you seeking probate of the estate.
- If your father is still mentally competent he may wish to see a solicitor and redraw his will nominating a new executor. This will also allow him to check that all the bequests he has made are still current and capable of being fulfilled.