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NSW Executor of Will - Am I Responsible for Deceased's Unpaid Bill?

Discussion in 'Wills and Estate Planning Law Forum' started by Ron Smith, 26 July 2016.

  1. Ron Smith

    Ron Smith Member

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    My 37-year-old daughter passed away intestate. I took care of the funeral. 1.5 yrs passed and taxation
    department sends me - executor of will (default executor- no probate as there was no estate) - an unpaid Hex bill of $1900.

    I am a retired pensioner with no assets. Am I responsible to pay her unpaid hex?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Ron, as a trustee or executor you need to lodge all outstanding tax returns on behalf of a deceased person, up to the date of the person’s death. Any compulsory repayment included on a notice of assessment that relates to the period before the person’s death must be paid from the estate, but the remainder of the accumulated HECS debt is cancelled.

    Neither the deceased nor their family is required to pay the rest of the accumulated HECS debt.
     
  3. Tim W

    Tim W Lawyer

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    If she died intestate - without a will - then you are probably not the default executor.
    You may however be the Legal Personal Representative of your late daughter.

    And no, I don't see that you are personally responsible for her HECS debt.
    Have a read of this.
     

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