Nominated Executors can’t be forced to take on the Executorship but once they have accepted they are unable to renounce. The Executor is to act in accordance of the appointment as described in the Will and accepting is a full acceptance of all responsibilities. An Executor is not able to make an agreement for another…
The Supreme Court has jurisdiction as the Court of Probate to refuse a Grant of Probate to the appointed Executor due to lack of capacity notwithstanding that the Executor was named in the Will as such. There are classes of people that do not have capacity to act as Executor minors (under 18) and mentally…
Two weeks ago, we discussed the duties of an Executor and in particular the responsibilities to the Australian Taxation Office when administering an estate. Today I will discuss what an Executor is. An Executor is a personal representative who oversees the administration, management and distribution of the deceased’s estate. There are two types of personal…
A defendant does have a right to trial by jury, but sometimes, a defendant seeks to have the matter decided by a Judge alone. A defendant may elect to have a trial by judge alone for a variety of reasons. This may include the belief that his trial may be prejudiced by previous media publicity.…