Lawyers As Executors - If You’re Going To Do It, Do It Right

Lawyers, particularly those in suburban or rural practices, are often approached by friends and clients for advice and assistance with tasks that are legal or even quasi-legal in nature. For those clients who have outlived or, for various reasons, can’t rely on support from friends or family, their lawyer is sometimes the only person left to administer their estate on their passing. Whether or not a lawyer chooses to take on the role of executor for a friend/family member or client can be a challenging decision to make. This session examines whether lawyers should take on the role of executor and explore steps practitioners should consider taking if they decide to be nominated as executor. It covers:

• The tasks required to discharge your duty as executor, including domestic vs legal vs administrative tasks, what is appropriate for a lawyer to do, when to outsource and dealing with costs for same
• Dealing with conflicts of interests, including the role of disclosure letters
• Charging for services - what may be appropriate, what disclosure is required, tips for drafting charging clauses
• Management of the file within your legal practice and what to do if further or specialist advice is required
• Specific considerations when there is a trust or SMSF
• Does it matter if you drew up the will?
• Recent cases, including Makripoulias v Arhontovasilis [2022] VSC 53)