A member asked almost 9 years ago

Executor cant fulfil duties

My uncle has left a will and the executor named in the will is unable to apply for a grant of probate. What can we do now?

Sandy  Rizkallah
Principal at Amicus Lawyers
Depending on the contents of the Will, there may be a substitute Executor appointed pursuant to the wishes of your uncle. Alternatively, a beneficiary with the greatest interest in the estate can make an application for Probate or Letters of Administration with the Will annexed. In the event there is no one willing to take on the role of Executor or Administrator, the Public Trustee can assist in this regard.

Suggested way forward

Have a look at the terms of the Will to ascertain whether there is a substitute executor appointed. Feel free to contact me for an obligation free assessment of your matter.

Answered over 8 years ago   Legal disclaimer

Val Antoff
1 lawyer agrees with this answer
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