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

What is the difference between Joint Tenancy and Tenants in Common?

A very important difference in ownership of property where there are two or more owners is Joint Tenancy v Tenants in Common. It is essential to understand the difference when and if you buy property with another person. If you own a property as Joint Tenants and one...

New Coercive Control Laws in NSW as of 1 July 2024

From 1 July 2024, coercive control will be a crime in NSW when a person uses abusive behaviours towards a current or former intimate partner with the intention to coerce or control them. The Crimes Legislation Amendment (Coercive Control) Act 2022makes it an...

Key Rules on Discovery Procedures for Prospective Defendants

Rules 5.2 and 5.3 of the Uniform Civil Procedure Rules 2005 (UCPR) provide essential guidelines on discovery aimed at identifying or locating prospective defendants. These rules are instrumental in the pre-litigation process, ensuring that applicants can gather...

5 Ways A Director Can Be Sued

Directors can be sued for all sorts of reasons.  Here are 5 of them. Reason #1: Insolvent Trading A director can be sued if the company he or she is a director of trades whilst insolvent.  A director has a duty to prevent the company trading and incurring...

7 Ways to Enforce a Judgment

After a judgment is obtained for an amount of money, there are numerous options open to a judgment creditor in relation to how to enforce the judgment (i.e. how to obtain the money which is owed pursuant to the judgment). Option #1: Issue a Bankruptcy Notice If the...

Who Can Bring a Compensation to Relatives Claim?

In the unfortunate event of a loved one's passing due to negligence or wrongful act, the Compensation to Relatives Act 1897 in New South Wales outlines the parameters for pursuing compensation on behalf of the deceased. Understanding who has the legal standing to...