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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Am I Liable for the Estate as an Executor?

In this information sheet we cover the potential liability of executors in distributing a deceased estate, and how to ensure they fulfill their legal obligations.

Who is an executor?

An Executor is a person appointed under a person’s Will to be the personal legal representative of the person’s estate after they have died, that is the person with the legal authority to administer the deceased person’s estate in accordance with the Will.

What is distribution?

A key duty of an executor is to administer/distribute the deceased’s estate pursuant to their last Will after approval by the Court ( known as ‘Probate’).

Administering an estate may involve the calling in of funds held with a bank, selling or transferring property to the beneficiaries under the Will, which can include monies on both real property (property, land etc) and personal property (money, household items, cars etc), [paying the deceased person’s liabilities and distributing the estate pursuant to the Will.

What is the process for distribution?

Pursuant to section 92(1) of the Probate and Administration 1898 (NSW) the executor of an estate may distribute an estate to beneficiaries if four criteria are met:

  1. It has been at least 6 months since the deceased’s date of death;
  2. The executor has given notice of their intention to distribute the estate via the NSW online registry;
  3. The notice states that the estate will be distributed after 30 days; and
  4. The 30 days has expired.

If the above have been complied with, the executor may make the relevant transfers of the property to beneficiaries and thereby discharge their duties under the will.

Can executors be held liable after distribution?

A concern for some executors is that they may be held personally liable if a Will is later challenged and the monies have already been distributed to the beneficiary or beneficiaries.

Under section 58 of the Succession Act 2006 (NSW) an application for family provision (challenging a Will) can be made up to 12 months after the deceased’s date of death.

Section 92(2) of the Probate and Administration 1898 (NSW) and section 93 of the Succession Act 2006 (NSW) provide that an executor cannot be held personally liable after the distribution of the estate if they have lodge the relevant notice advertising their intention to distribute and prior to the expiration of the 30 day period had received no notification of an intention to commence a claim for family provision.

However, if the executor did have notice of a claim prior to distribution, or had otherwise not complied with their other obligations (including the lodgement of the notice), the Court may find an executor personally liable for any monies distributed that cannot be recovered and be ordered to pay the amount of the claim to the estate.

In the case of Ernst v Mowbray [2004] NSWSC 1140 the Court found that if an application to challenge the will was successful, the executors would have personally had to restore the money they had distributed with interest to satisfy the claim as they distributed the estate without giving proper notice. However, as the ultimate claim was not successful no such order was made.

Further, in the cases of D’Albora v D’Albora [1999] NSWSC 468 and Carstrom v Boesen [2004] NSWSC 1109 the Court ordered that the monies distributed despite notice of a claim were to be designated as ‘notional estate’ which enable the claimant to claw back the assets distributed and make a claim on them.

The Court in the above cases urged all executors to refrain from distributing the estate until after the 12 months for an application for family provision has expired if they hold a reasonable belief that an application will be made for family provision orders.

It is therefore prudent to ensure that when acting as an executor, you receive advice from an experienced solicitor to protect both yourself, and the estate, from being liable for claims for family provision.

Contact the experience team at The Law Office of Conrad Curry can help you navigate your role as an executor and ensure you comply with your legal obligations.

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