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.

Rail network disrupted, major road closed after fatal vehicle rollover

A man has died after a vehicle rolled onto railway tracks at Kulangoor, causing significant disruptions to the rail network on Friday morning. Emergency services More

Coast man dies in early morning crash

A Sunshine Coast man has died following a crash west of Gympie overnight. Emergency services were called to Gympie Woolooga Road, near Little Widgee Road More

Hinterland tourism development faces key council vote

A controversial farm-stay tourist park proposed for the hinterland is set to go before Sunshine Coast Council next week. Council officers are recommending the development More

Council moves to sell properties over unpaid rates

Sunshine Coast Council is set to begin the process of selling properties with long-overdue rates debts. The matter is outlined in the agenda for next More

Restaurant chain opens eatery in food hub

A popular restaurant chain has opened a venue near four other Japanese diners in a suburb with a 'growing food scene'. Motto Motto, which is More

Budget changes spark warning over Coast housing supply

Housing shortages on the Sunshine Coast could face further pressure, with the building industry warning federal budget tax changes may result in fewer homes 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