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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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If my late husband left in his will for public trustee to be

Customer Question

If my late husband left in his will for public trustee to be his executor can I has his wife ask them to hand it over to a lawyer to take over and not the trustee
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and unfortunately no. If the will appointed the public trustee as the executor then they will have to handle the probate on the will.

Be aware though that being the executor does not allow them to vary the distribution set out in the will, it merely means they have to supervise the process until a grant of probate is made and must then distribute the estate in accordance with the will.

I appreciate this is not the answer you were likely hoping for but I trust the above assists your understanding.

Good luck and please rate my answer.