How do Wills operate in Australia?
If you have made a Will, you are called a testator (male) or testatrix (female). A person who dies having made a valid Will is said to have died ‘testate’. If you die testate, then all your possessions will be distributed in the way you direct in your Will.
The executor is the person responsible for administering and taking care of your estate according to the instructions you have your Will.
Permission for the executor to perform these roles is given by the Probate Division of the Supreme Court of New South Wales, on application.
The Supreme Court of New South Wales will issue what is known as “Probate” allowing the executor to deal with the estate.
The executors duty is to gather all of your wealth and possessions, to pay for the funeral expenses (and any other debts) as well as collecting any debts owed to you. The executor will then distribute the remainder to the heirs according to their entitlements in strict compliance to the Will.
The executor can only perform the functions contained in the Will and the Supreme Court of New South Wales will enforce such actions of the executor.