Executors can choose their own lawyer

When a loved one passes away, the responsibility of administering their estate often falls to an executor. Many people are surprised to learn that, in South Australia, executors are not required to use the lawyer or law firm who drafted the will, or any particular legal representative. Instead, executors have the right to choose their own lawyer to guide them through the probate and estate administration process.

Understanding the Executor’s Role

An executor is the person appointed in a will to carry out the deceased’s wishes, manage their assets, pay debts, and distribute the estate to beneficiaries. This role can be complex, involving legal, financial, and administrative tasks. Seeking professional legal advice is highly recommended to ensure compliance with South Australian law and to avoid personal liability.

Can Executors Choose Their Own Lawyer?

Yes. Under South Australian law, executors have the authority to select their own legal representation. This means you are not required to use the solicitor who prepared the will or any lawyer suggested by beneficiaries or other parties.

Key Points:

• The executor’s primary duty is to act in the best interests of the estate and its beneficiaries.

• The choice of lawyer should be based on expertise, experience, and trust.

• Legal fees for estate administration are generally paid from the estate, not by the executor personally.

  
  

Why Might an Executor Choose a Different Lawyer?

There are several reasons why an executor may wish to appoint a different lawyer:

• Lack of confidence in the deceased’s solicitor or a desire for independent advice.

• Concerns about conflicts of interest if the original lawyer also represents beneficiaries.

• Preference for a local Adelaide-based firm with experience in South Australian probate matters.

• Desire for clear communication, transparency, and reasonable fees. We offer a complimentary no-obligation telephone probate assessment so you know what the costs are before you engage us.

  
  

What Should Executors Consider When Choosing a Lawyer?

When selecting a lawyer for estate administration, consider the following:

• Experience in probate and estate law in South Australia.

• Transparent fee structures and clear communication about costs.

• Reputation and client reviews in the Adelaide legal community.

• Accessibility and responsiveness to your queries.

• Ability to handle disputes or complex estate matters if they arise.

  
  

Changing Lawyers During Estate Administration

Executors are entitled to change lawyers if they are dissatisfied with the service or advice provided. The process involves:

• Notifying the current lawyer in writing.

• Settling any outstanding fees for work already completed.

• Appointing a new lawyer to take over the administration.

  
  

Changing lawyers should be done with care to avoid unnecessary delays or additional costs to the estate.

Beneficiaries’ Rights and Concerns

Beneficiaries may have opinions about the choice of lawyer, but the final decision rests with the executor. However, executors should:

• Communicate openly with beneficiaries about their choice.

• Ensure that the lawyer acts impartially and in the best interests of the estate.

• Be prepared to justify their decision if challenged.

  
  

Frequently Asked Questions (FAQ)

Can an executor choose their own lawyer in South Australia?

Yes, executors have the right to select their own legal representative for probate and estate administration.

Does the executor have to use the lawyer named in the will?

No, the executor is not obliged to use the lawyer who drafted the will or any specific solicitor.

Who pays for the executor’s lawyer?

Legal fees for estate administration are typically paid from the estate, not by the executor personally.

Can beneficiaries object to the executor’s choice of lawyer?

Beneficiaries can raise concerns, but the final decision is the executor’s responsibility, provided they act in the estate’s best interests.

What if the executor wants to change lawyers during the process?

Executors can change lawyers at any stage, provided they follow proper procedures and settle any outstanding fees.

Best Practices for Executors

• Seek independent legal advice as soon as possible after being appointed.

• Document all decisions and communications with beneficiaries.

• Act transparently and keep beneficiaries informed.

• Choose a lawyer with local expertise in Adelaide and South Australian estate law.

  
  

Contact Our Adelaide Probate Lawyers

If you have been appointed as an executor and are unsure about your rights or the process of choosing a lawyer, our experienced Adelaide-based probate team can assist. We offer clear, practical advice tailored to your circumstances and are committed to guiding you through every step of estate administration. Contact us today to as any querstions and to ensure your duties as executor are fulfilled with confidence and professionalism.

Free Probate Assessment: You can book a complimentary no-obligation telephone probate assessment with Craig today to see whether you need to apply for probate.

This article is for general information purposes only and does not constitute legal advice.