5 Mistakes Executors Make (And How to Avoid Them)

Being named an executor of the estate is a significant honour, but it is also a demanding legal role. In Western Australia, executors are personally liable for the correct administration of the deceased’s assets. Without a clear roadmap, it is easy to make rookie errors that lead to family conflict or even legal action.

The most common mistakes for executors include early asset distribution, poor record-keeping, and failing to secure property. To protect yourself, always wait for the Grant of Probate and consult a deceased estates specialist before making significant financial moves.

Mistake 1: Distributing Assets Too Early

The most common pressure an executor of a Will faces is from beneficiaries wanting their inheritance immediately. However, distributing assets before the legal debt-clearance period (usually six months from the grant of probate in WA) can make the executor personally liable if an unexpected creditor or a claimant under the Family Provision Act emerges.

Mistake 2: Intermingling Estate Funds

An executor of the estate must never mix estate money with their own. All funds should be moved into a specific “Estate Of” bank account. Failing to do this is a breach of fiduciary duty and can lead to accusations of theft or mismanagement, even if it was a genuine mistake.

Mistake 3: Failing to Secure the Assets

The moment a person passes, the executor’s duties include marshaling the assets. This means:

• Changing the locks on vacant properties.
• Ensuring house and car insurance policies are current and notify the insurer of the death.
• Securing physical valuables like jewellery or cash. If a house burns down and the insurance has lapsed because the executor didn’t check, the beneficiaries may sue the executor for the loss.

Mistake 4: Overlooking Tax Obligations

Executing a Will isn’t just about giving out money; it’s about settling scores with the ATO. The executor must lodge a final “date of death” tax return for the deceased and potentially an estate tax return. Failing to get a tax clearance can result in the executor being held responsible for the deceased’s unpaid taxes.

Mistake 5: Poor Communication with Beneficiaries

Silence breeds suspicion. Many legal battles start because the executor of the estate stops responding to emails. Regular, transparent updates about the distribution of estate to beneficiaries in WA help manage expectations and prevent unnecessary litigation.

FAQ: Executor Duties in WA

Can an executor of a will be a beneficiary?

Yes, it is very common for a spouse or adult child to be both the executor and a primary beneficiary.

What is the “Executor’s Year”?

This is a general legal principle that gives an executor one year from the date of death to wrap up the estate before beneficiaries can reasonably complain about delays.

What must an executor of a Will do first?

The first step is usually locating the original Will and applying for a Grant of Probate through the Supreme Court of WA.

Don’t navigate this alone.

The legal weight of being an executor can be overwhelming. Tactical Legal Solutions provides the expert guidance you need to fulfill your duties and protect your personal liability. View our Probate Services or get in touch today.