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QLD Who Assumes Executor of Will Duties when I Pass?

Discussion in 'Wills and Estate Planning Law Forum' started by KTW, 13 August 2015.

  1. KTW

    KTW Member

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    I am co- executor of will for my brother's estate, who passed away earlier this year. We are to establish a trust for his children until the age of 25 (another 12 years). I would like to specify who would assume these duties in my own will, a person different from who I want to be executor of my own estate.

    Is this possible or does responsibility automatically fall to my co-executor or executor of my entire estate?
     
  2. bluetongue

    bluetongue Well-Known Member

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    if a co-executor dies leaving the surviving executor, the surviving executor usually administers the estate. A co-executor cannot delegate the role to someone else in his or her Will. The Will is the source of what happens if an executor dies or is unable or unwilling to administer the estate and the court would refer to this document rather than your Will which may note a new executor to replace you for your brother's estate, this probably being unenforceable.
    I suggest you seek legal advice if there are concerns regarding the status of executors as your brother's Will may have specific instructions.
     

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