100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business column: executor decisions can be a headache

Do you have a news tip? Click here to send to our news team.

Approval granted for apartment complex

A five-storey apartment development has been given the green light on the Sunshine Coast, beside existing single-storey homes. The project at 20 Bingera Terrace, Caloundra, More

New dog park proposed

A new dog exercise area could be added to a popular Coast park, although funding has not yet been allocated to build it. Sunshine Coast More

‘Cool your jets’: waterways blitz finds widespread breaches

A majority of people stopped by waterways authorities on the Sunshine Coast during a two-week safety campaign were found to be breaking rules. Almost two-thirds More

Scholarship targets top school-leavers

High-achieving Queensland school-leavers are being offered a $5,000 scholarship under a new university program aimed at attracting top students. The University of the Sunshine Coast’s More

B2B: we don’t talk anymore

They say blood is thicker than water, but when money and inheritance enter the picture, family ties can quickly unravel. That was the unfortunate outcome More

‘Devastating’: fire shuts popular bakery

A popular Sunshine Coast bakery has been forced to temporarily close after an early morning fire damaged its premises. German Bakehouse Group, which operates its More

If you accept the role of executor of an estate, you take on certain legal responsibilities.

After the payment of estate debts, the primary obligation of an executor is the transfer of the assets of the deceased to the beneficiaries named in the Will.

But what happens if a beneficiary can’t be found? The executor has an obligation to locate the missing beneficiary.

The types of inquiries an executor may carry out will depend on the size of the gift and the costs involved.

If, after reasonable inquiries have been made, the beneficiary still cannot be found, an executor might consider seeking the protection of an order of the court.

The court is able to make an order allowing an executor to distribute the estate to the known beneficiaries.

The court order protects the executor for the distribution if the missing beneficiary ever turns up to “reclaim” their gift.

Applying to the court can be an expensive exercise. If your executor has no family connection with any of the beneficiaries, keeping an up-to-date record of their contact details can be of great assistance to your executor – as well as saving your estate unnecessary costs.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share