VIC What are the Duties of an Executor of Will?

[DaleA76]

Hi,

Just wondering what are some duties that an executor of will owes to a beneficiary in a deceased estate?

Should the executor be following the orders of the beneficiary?

I've been told that they have to act in best interest of the estate and beneficiary but what else? Can anyone please let me know or direct me to more information?

Thanks

 

[Tim W]

Should the executor be following the orders of the beneficiary?

Almost never.
A little more detail might help us give you a better answer.

 

[DaleA76]

Almost never.
A little more detail might help us give you a better answer.

Hey thanks for your reply.

Oh I thought that they should be because they owe a lot of duties to the beneficiary? It's about organizing a service for my parent that passed. I'm telling them what my parent wanted but they aren't really listening and doing their own sort of thing.

Any help or information would be appreciated.

 

[Rod]

... should be because they owe a lot of duties to the beneficiary

No. They only have limited duties owed to a beneficiary. Now I could be wrong, but don't see organising a service as part of the duties owed to a beneficiary.

This is partly where your parent's choice of executor is important. Unless there is a stipulation in the will, then the executor likely doesn't have to listen to you.

 

[Tim W]

There's no legal duty on anyone to organise a service in any particular way.

 

[DaleA76]

Ok thank you.

So regarding general duties owed what are the duties that they do owe to a beneficiary? Is there a list somewhere that lists them all?

 

[Rod]

Sorry, no.

If it was as easy as having a list for everything we wouldn't need lawyers

The facts of individual circumstances are far too varied to have a prescriptive list. Then there is behaviour that might be disentitling or mitigate a decision made by an executor. Like your thinking though, made me smile.

 

[Iamthelaw]

Don't know if I agree with the above.

I assume you mean duties specifically between executor and beneficiary and not specifically trustee and beneficiary.

Some duties include:

• Duty to act in good faith
• Duty of loyalty to beneficiaries
• Duty to keep accounts and to supply information
• Duty to not mix funds
• Duty to consider whether to exercise a discretion
• Duty to act impartially between beneficiaries and to avoid conflict of interest.

This is by no means and exhaustive list, in fact far from it. It would be helpful to know more about your specific issue in order to point you in the right direction.

 

[Tim W]

Don't know if I agree with the above.

I assume you mean duties specifically between executor and beneficiary and not specifically trustee and beneficiary.

Some duties include:

• Duty to act in good faith
• Duty of loyalty to beneficiaries
• Duty to keep accounts and to supply information
• Duty to not mix funds
• Duty to consider whether to exercise a discretion
• Duty to act impartially between beneficiaries and to avoid conflict of interest.

This is by no means and exhaustive list, in fact far from it. It would be helpful to know more about your specific issue in order to point you in the right direction.

To link this to the OP's question, readers may find it helpful to notice that
this list does not contain any duty to conduct a (religious) service in any particular form,
nor indeed to have one at all.
Nor does this list include any kind of duty to take direction from a beneficiary
about how they do their work.