Executors duties in Australia when next of kin in UK

[Paul Gladstone]

Hi, We have a relative (originally a British Citizen) who moved to Australia approximately 20 years ago and lived until recently in Queensland. I believe that he became an Australian citizen.
He lived with a partner for many years but they split up approximately 2 years ago. She is an Australian citizen
My relative has recently died without leaving a will and we have been contacted by the ex partner who has informed us that as my father in law is the deceased's next of kin (he lives in the UK), he would become the executor of the estate. We are satisified that he is the only living relative.
We need advice as to the next steps in relation to his estate. We feel that his ex partner should receive much of the estate but without knowing the legal processes in Australia it is difficult to take this forward. Our questions are
1. Can the ex partner become the executor if nominated to do so by the next of kin.
2. Can the government facilitate the executors duties and what proportion of the estate will they receive.

Many thanks
Paul Gladstone

 

[Tim W]

First things first.
If there's no will (or no valid will, because of some technical deficinecy in the document)),
then you're probably not talking about an executorship.
You're more likely to be taking about administering an intestacy.
So, his ex might have that bit wrong.
By way of background have a read of this.

Second, (in Australia) there is no requirement that a next of kin
take on the role of executor (or legal personal representative) if they don't want to.
Executors can "renounce" an appointment.
A would-be personal representative has to make an application (and needs to be eligible to even do that).
So, his ex might have that bit wrong too.

Doing this from overseas can be difficult, but is do-able.
You/ he will have a much easier time of it if you/ they instruct a lawyer in Queensland to assist.
You can do this from overseas - it's not uncommon. A local lawyer in the town where he died will be fine.

 

[Paul Gladstone]

First things first.
If there's no will (or no valid will, because of some technical deficinecy in the document)),
then you're probably not talking about an executorship.
You're more likely to be taking about administering an intestacy.
So, his ex might have that bit wrong.
By way of background have a read of this.

Second, (in Australia) there is no requirement that a next of kin
take on the role of executor (or legal personal representative) if they don't want to.
Executors can "renounce" an appointment.
A would-be personal representative has to make an application (and needs to be eligible to even do that).
So, his ex might have that bit wrong too.

Doing this from overseas can be difficult, but is do-able.
You/ he will have a much easier time of it if you/ they instruct a lawyer in Queensland to assist.
You can do this from overseas - it's not uncommon. A local lawyer in the town where he died will be fine.

Thanks for your help Tim,

Paul