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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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Is there any legal obligation Executor of a Will in W.A. to

Customer Question

Is there any legal obligation for an Executor of a Will in W.A. to complete the will's administration in a reasonable time?
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW and I am going to help you with your inquiry today.

If the executor has not obtained probate after 2 months after the death of the person or has attained the age of 18 and not obtained it within 2 months then anyone else can apply for administration with the will annexed, which is another way of administering the estate. See here for details.

Usually the executor would wish to distribute after a Family Provision Act claim was entitled to be brought, which is usually 6 months after the death of the person. This just helps the executor to establish that no one will claim.

But no, there is no provision that requires them to administer within a reasonable time. However you can apply to the Court to have your aspect of the estate to be distributed to you and your success in this will depend upon whether the executor has pressing needs to hold onto the money or assets or both for longer to establish rights.

Does that make sense?

Expert:  kmslaw replied 1 year ago.

Hello. Did my answer help you at all?