How long does an executor have to settle an estate?

Feb 22, 2023 | Publication

An executor generally has 12 months from the date of death to distribute the estate.

This is known as “the executor’s year”.

There can be reasons why an executor has been delayed or not distributed the estate within the timeframe referred to above.

The law in New South Wales provides that an eligible person can bring a claim on an estate within 12 months of the date of death.

This time can be extended in some circumstances.

If you are an executor, beneficiary or other person with a potential claim on an estate, it is important to obtain legal advice.

For an obligation free consultation please telephone us on (02) 9633 1826 or email reception@mcauleylawyers.com.au

Latest Insights

The Rise of Generative AI in Law and the Need for Caution

Generative artificial intelligence (Gen AI), a subset of artificial intelligence focused on creating new content, has gained significant traction in various industries, including law. Capable of producing text, images, and audio, platforms like ChatGPT are among the...

Australia Introduces Statutory Tort for Serious Invasions of Privacy

The Australian legal landscape is about to undergo a significant transformation with the introduction of a statutory tort for serious invasions of privacy. This change comes with the passage of the Privacy and Other Legislation Amendment Bill 2024 by the Commonwealth...

Building Disputes – Which Court or Tribunal Deals with Them?

In New South Wales, there are different forums to have building disputes and claims addressed. The NSW Civil and Administrative Tribunal handles building disputes particularly residential building work claims.  There are numerous claims prosecuted and defended in...

When should a business take legal action on an overdue account?

Generally speaking, an overdue account should be acted on promptly.  The longer it is left, the greater the likelihood the account will need to be written off. Unless the debtor has a satisfactory reason for delaying payment, the account should be followed...

Court Rules Against Kmart in Personal Injury Appeal

In a recent case, Kmart has been held liable for injuries sustained by a customer in its Woy Woy store, after a mountain bike in a heavy, oversized box fell from another customer's shopping trolley, injuring Ms Rita Marmara. The New South Wales Court of Appeal upheld...

Can a Shareholder claim against a Company?

A shareholder can claim against a company under some circumstances. Shareholders have specific rights and interests in a company, and there are scenarios where they might have grounds to make a claim. Some common situations include: Breach of Shareholder Agreement: If...

Court of Appeal Clarifies GP’s Duty of Care in Varipatis v Almario

In a landmark decision, the New South Wales Court of Appeal upheld the appeal of a general practitioner (GP) who was previously found negligent for not referring a morbidly obese patient for bariatric surgery. The case, Varipatis v Almario [2013] NSWCA 76, provides...