NSW Does Executor of Will have Carte Blanche Over Estate Distribution?

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Knightmare

Well-Known Member
17 February 2016
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Is an executor of will required to take into account the requests of any or all beneficiaries? I would like to see my parent's estate divided on the basis of agreed asset values (so individual assets can be passed over) but the executor insists on selling them to realise cash which he intends to distribute.

What rights, if any, do beneficiaries have? Does the executor have carte blanche?
 

winston wolf

Well-Known Member
21 April 2014
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894
Adelaide
changefpa.com.au
Hi Knightmare,

The executor of will just needs to follow the instructions in the will. They have a broad discretion on how to interpret the will on thing like distribution of minor assets.

As you can imagine selling the assets then distributing the money at least avoids and argument about value as the value is set by the market.
 

Knightmare

Well-Known Member
17 February 2016
75
0
291
With regard to contesting the will, would legal action prevent the executor of disposing of assets, and what would be the likely delay and associated court costs - or are they open ended?