LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

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

    Joined:
    26 July 2016
    Messages:
    1
    Likes Received:
    0
    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

    Joined:
    16 April 2014
    Messages:
    2,331
    Likes Received:
    338
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,824
    Likes Received:
    420
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page

Loading...