Understanding the Roles:
Executor, Administrator, and Trustee
in WA Estate Administration
In WA, the Administration Act 1903 and common law precedent, dictates how estates are handled. This blog explains the key roles involved—executor, administrator, and trustee—and the responsibilities that come with each.
What Is Estate Administration?
Estate administration involves managing the assets and liabilities of someone who has died. This includes:
-
- Protecting estate assets – This might mean insuring property, managing investments, or overseeing business interests.
- Paying debts and taxes – All liabilities, including any outstanding tax, must be settled.
- Distributing assets – Once debts are cleared, the remainder of the estate is distributed according to the will or, if there is none, according to intestacy laws.
The person responsible for carrying out these tasks is called the personal representative.
Who Can Be a Personal Representative?
Only a capable adult can take on this role. In WA, there are two main types of personal representatives:
-
- Executors – Appointed by the deceased in their will.
- Administrators – Appointed by the court if there is no will or if the named executor is unable or unwilling to act.
What Does an Executor Do?
An executor is named in the will and is responsible for carrying out the wishes of the deceased. This could be a family member, friend, or a professional such as a solicitor. It’s common for a will to name multiple executors in case one is unable to serve.
If multiple executors agree to take on the role, they share the responsibilities. For example, a professional might manage legal and financial aspects, while a family member oversees more personal matters like belongings or communication with beneficiaries.
While executors can act individually for routine tasks, they must act together when making major decisions—such as selling property or responding to legal challenges.
What If There’s No Executor?
If there’s no valid will, or if the named executor declines the role or fails to act within two months of death, the Supreme Court of WA may appoint an administrator.
This person—often a family member or someone with a legal interest in the estate—takes on the same duties as an executor but is officially appointed by the court.
What Is the Role of a Trustee?
A trustee is someone appointed to manage assets placed in a trust by the deceased—often for the benefit of children or vulnerable adults.
This role can continue long after the estate itself has been administered. Trustees may be private individuals or professionals such as the Public Trustee, and their duties are governed by the Trustees Act 1962.
What Happens If Duties Are Not Fulfilled?
Executors, administrators, and trustees must carry out their duties with care and diligence. If they fail to do so, they can be held legally accountable for any losses to the estate.
In serious cases, beneficiaries or other interested parties can apply to the court to have the personal representative removed and replaced.
Are Personal Representatives Paid?
Personal representatives can claim reasonable expenses such as travel or administration costs.
However, remuneration is a separate matter. Professional executors or administrators are usually paid for their services. Non-professionals (like family members) aren’t automatically entitled to payment, but they can apply to the court for an executor’s commission—up to 5% of the estate’s gross value.
The court will consider:
-
- The complexity and duration of the administration
- The value of the estate
- The level of involvement of the representative
- Whether their efforts directly benefited the estate and beneficiaries
Keeping clear records of time, tasks, and outcomes is essential when seeking remuneration.
Final Thoughts
Navigating the responsibilities of an executor, administrator, or trustee can be challenging, especially during a time of grief. Whether appointed by a will or the court, personal representatives play a vital role in ensuring the estate is handled lawfully, fairly, and in line with the deceased’s wishes or legal requirements.
If you’re unsure about your responsibilities or rights, consider speaking with a legal or estate planning professional for guidance tailored to your situation.