Maria Tzannes, Solicitor and Barrister, Antunes Lawyers and Advocates
Ken Collins, Principal, Wills & Probate Victoria, Lawyers, (Vic)
Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)
Morgan Solomon, Director, Solomon Hollett Lawyers (WA)
Katrina Nitschke, Principal, Wills Direct (SA)
Maria Dwyer and Christine Schokman, Senior Associates, Ogilvie Jennings Lawyers (Tas)
Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)
Change in status from a legal personal representative to a trustee
It is important for a legal personal representative to consider the change in status from a legal personal representative to a trustee, since the powers ascribed to each of these roles differ.
For example, a legal personal representative usually has a general power of sale for the purpose of paying debts and testamentary expenses. However, once administration has been finalised, the legal personal representative will become a trustee and their powers will be prescribed by the will and/or the relevant state and territory trust legislation.
See Change in status from a legal personal representative to a trustee.
Legal personal representative’s duties and powers of a trustee
A legal personal representative has a number of duties to the estate of a deceased, and to the beneficiaries named in the deceased’s will.
These duties include heeding the provisions of the will with due diligence, paying the deceased's debts, funeral and testamentary expenses, and distributing the remainder of the estate in accordance with the terms of the will and the applicable law, including any statutory rules regarding the construction of the terms of the will.
See Legal personal representative duties.