QLD Who Assumes Executor of Will Duties when I Pass?

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KTW

Active Member
13 August 2015
7
0
31
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?
 

bluetongue

Well-Known Member
8 March 2015
32
7
149
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.