Why choose us as executor?
NSW Trustee and Guardian acts as an expert and independent executor and trustee to ensure your estate is distributed as per the instructions in your Will.
Definitions
- independent
Free from outside influence or control.
We have over 100 years of experience acting as executor and administrator for deceased estates.
Why choose NSW Trustee and Guardian executor?
Being an executor is time consuming, so it’s important to carefully consider who you appoint to manage the administration of your estate.
They need to have the time and ability to:
-
remaining neutral in managing any family disputes about gifts under the Will
-
pay any debts and liabilities
-
distribute your assets according to the wishes in your Will
-
managing any long-term trusts created by your Will
-
handle any legal, tax and accounting requirements.
These are some of the key reasons people appoint us as the executor in their Will:
-
they don't know anyone that can handle all the complexities
-
they are concerned of overwhelming their family members who will be grieving.
If you are an executor of a Will, you can request us to take over the responsibility.
How is NSW Trustee and Guardian different from a solicitor?
When you choose us to be your executor, you don't just get the services of one solicitor.
Your estate will be looked after by our team of experts, including:
-
solicitors
-
estate managers
-
trust managers
-
accountants
-
financial planners
-
taxation specialists
-
genealogists (people trained to locate any beneficiaries who are missing or need to be identified)
-
property specialists.
Our complete service provides peace of mind that we can manage everything required to ensure your assets are distributed as per the wishes in your Will.
What we will look after as your executor
-
Attending to funeral arrangements (if required)
-
Locating the Will (if not stored with us)
-
Applying to the Supreme Court for a grant of probate of your last Will
-
Determining your beneficiaries
-
Collecting assets
-
Making sure all claims and debts are received, assessed and paid if substantiated
-
Distributing your assets according to the terms of the Will, including managing longer-term trusts
-
Preparation and management of accounts
-
Preparing and lodging tax returns
-
Defending litigation
What your friends or family members will need to help with
1. Providing the death certificate
- A death certificate is required before any formal estate administration can start.
This is for privacy and security to ensure that your assets are safeguarded and only dealt with after you pass away.
2. Completing the Deceased Estate Information form
- Complete the form with the most current asset and liability details.
Once completed, we can commence our role as executor.
Definitions
- administrator
A person appointed by the court to manage or administer a deceased estate which has no executor.
- beneficiaries
People, charities and organisations who you decide will receive or benefit from your estate when you pass away.
Frequently asked questions
How do we get notified of your passing?
If we are appointed as your executor, there are several ways we will find out about your passing.
We undertake searches of published death notices
We search published death notices and cross check whether we have a match (or possible match) for your latest Will.
If we establish that you are a customer, we contact the publisher of the death notice (usually a funeral director) and ask for contact details of the family so that we can get in touch.
We undertake probate searches on the NSW Supreme Court website
We search every notice and cross check for a match (or possible match) for your latest Will and then write to the death notice contact to advise that we hold your Will and make sure your latest Will is used.
We are contacted by your family or friends
If you advised your close family or friends that NSW Trustee and Guardian is the executor of your Will, they can get in touch with us directly to notify us of your passing.
Using the Australian Death Notification Service
A relative can use the Australian Death Notification Service to notify banks, services providers and government agencies (like us) in one easy process.
Can I make my Will elsewhere but still appoint you as executor?
If you would like to utilise the expertise of NSW Trustee and Guardian as executor but your Will is being prepared externally, you are still able to appoint us.
You may like to include our name and address in your Will as follows:
NSW Trustee and Guardian 160 Marsden Street, Parramatta NSW 2150
If you appoint NSW Trustee and Guardian as executor, you are able to store your documents in our WillSafe free of charge.
Can you be appointed as co-executor with someone else?
No. At this stage we do not offer co-executor services.
We only provide full estate administration services under the following scenarios:
-
When customers have made their Will with us and have chosen to appoint us as the executor of their estate.
-
When someone has been appointed as an executor and wishes to renounce the role to NSW Trustee and Guardian. This should be done as soon as possible after the death as it gets more difficult to renounce once you have started acting in the role of executor.
-
Where someone dies without a valid Will (this is known as dying intestate) - sometimes family members will administer the estate of a person who dies intestate, but in some circumstances we will administer the estate.