What if my sibling and I disagree about dividing the estate assets?
- 01.08.2026
I have agreed to be the executor for a friend’s estate. I want to do a good job, but I am worried about getting something wrong and being personally liable. What exactly is expected of me? Nobody has given me a straight answer and I want to understand where I actually stand.
An executor has significant legal responsibilities. You must locate and secure the assets, arrange for probate, pay the deceased's debts, taxes and funeral expenses, and then distribute the estate strictly according to the will and the law, acting honestly and with reasonable care and skill, as a trustee would under the Trusts Act 2019, which applies to the administration of deceased estates. You must avoid conflicts of interest and keep proper accounts. Executors are personally liable if they distribute the estate incorrectly or too early, particularly if a claim, such as under the Family Protection Act 1955, is later made, so it is prudent to wait the standard period after advertising for creditors and claimants before final distribution. Keep beneficiaries informed and get legal or accounting advice for anything complex, such as a business or overseas assets.
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