Who will administer my estate if I have no Will?
Because you have not appointed any executor, the Supreme Court will appoint an administrator for the estate. In effect, the administrator carries out the functions which an executor would have exercised, had there been a basic Will.
Usually the Court will appoint the person who takes the largest share of the estate to be the administrator.
For example, if you are survived by your spouse as well as children from a previous marriage of yours, the spouse could be appointed. However, the Court has a wide discretion about whom to appoint.
Ultimately where there is a dispute about whom should be appointed the Court will choose someone it considers to be appropriate. The Court will not appoint:
- A company (other than a licensed public trustee company)
- Someone under the age of 18 years
- Someone who lives outside New South Wales.