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Executors and Trustees

The South Australian Parliament passed the Succession Act 2023 (SA) on 18 October 2023, and the Act received the Governor's assent on 31 October 2023, however it will only commence on a date yet to be proclaimed by notice in the Gazette. When the Succession Act commences, it will introduce significant reforms to the law regarding wills and estates in South Australia, and this information will be updated accordingly.

Usually a person is appointed both as an executor and a trustee although there is a difference in these functions. The executor's role ends after all the assets of the estate have been collected, all the debts have been paid and the balance is distributed to the beneficiaries. Where the terms of the will create continuing duties, such as the support and maintenance of young children or the administration of money for someone's benefit, this role is performed by the trustee.

Executors and Trustees  :  Last Revised: Tue Jan 16th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.