Executor Lead Dispute
The client is dealing with a probate matter in Western Australia, where they and another individual are named as executors in a will. A question has arisen regarding who should take the lead on the probate form, particularly because the other executor is seeking assistance with fees. The client mentions that there is a belief that the person benefiting from the will should lead, despite both being executors. There is an emphasis on understanding the responsibilities and implications for legal fees associated with this role. The client is seeking clarification on these responsibilities and any potential impact on fees.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkDoes it matter who is lead on the probate form if the other person on the form is asking for help with fees?
In Australia, it does not matter who is named as the lead on a probate form regarding responsibility for fees. Both executors, whether lead or co-executors, have a joint obligation to administer the estate and can share the duties, including covering fees. The lead executor role is usually more about convenience and does not confer any special privileges or greater obligations in terms of fees. Executors may agree among themselves how fees are managed, and one executor can assist another financially if needed. However, any agreement should be documented to prevent future disputes.
What are the responsibilities and duties of a lead executor compared to a co-executor in probate matters?
In probate matters, the lead executor, also known as the principal executor, is primarily responsible for managing the estate's affairs. They oversee the collection of assets, payment of debts, and distribution to beneficiaries, while ensuring compliance with legal obligations. Co-executors share these responsibilities but must collaborate and make decisions jointly. The lead executor often liaises with solicitors and may take the lead in administrative tasks, but their decisions must consider the input and agreement of co-executors. In situations involving multiple executors, clear communication and cooperation are crucial to avoid conflicts and ensure efficient estate administration.
How are the probate fees typically handled when there are multiple executors, and can an executor request assistance with these fees?
Probate fees are typically the responsibility of the estate and not of individual executors. If there are multiple executors, they can collectively decide how the fees are paid, often from the estate's funds before distribution to beneficiaries. An executor seeking assistance with probate fees may request it from the other executors or beneficiaries, but this is generally a matter of agreement and not a legal obligation. Executors can also apply to the court for a release of funds from the estate to cover these fees. If executors cannot reach an agreement, mediation or legal advice may be necessary. It's important for executors to maintain clear communication to ensure all obligations are met efficiently.
Is there any legal requirement for the executor who benefits from the estate to be the lead executor?
There is no legal requirement for the executor who benefits from the estate to be the lead executor. In Australia, co-executors have equal authority to administer the estate, regardless of their personal interest or benefits received from the estate. The responsibilities can be shared or delegated based on the parties' agreement. It is essential that both executors collaborate effectively to fulfil their fiduciary duties. If there's a disagreement over the lead executor role, it may be resolved through mutual agreement or, in certain cases, through the court.
Are there any potential legal complications or issues we should be aware of when one executor is seeking assistance with probate fees?
If one executor requires assistance with probate fees, potential legal complications can arise concerning the equitable allocation of costs between executors. Executors have a fiduciary duty to act impartially and in the best interests of the estate, which includes ensuring fair financial arrangements. Any agreement regarding fee sharing should be documented to avoid disputes. If the estate lacks sufficient assets to cover fees, executors might need to agree on fee payment arrangements. It's also essential to ensure compliance with relevant probate rules and procedures.