What powers should I give my Executor in my Will?

When you appoint someone as your Executor, you are placing them in charge of finalising your entire life’s affairs. However, an Executor’s ability to do their job efficiently depends entirely on how well your Will is drafted.

If your Will simply appoints an Executor and divides your assets, but fails to include express administrative powers, your Executor can be left financially paralyzed during the critical months following your death.

Why Express Powers are Necessary

In Queensland, the Succession Act 1981 and the Trusts Act 1973 provide some default powers to Executors, but these are often insufficient for modern, complex estates.

When you die, your Enduring Power of Attorney immediately ceases. From that moment until the estate is formally distributed (which can take 6 to 12 months or longer if a Grant of Probate is required), your assets need to be managed. Bills still arrive, properties need maintenance, and investments must be protected.

If your Will does not specifically authorise your Executor to handle these interim matters, they may be forced to apply to the Supreme Court for permission, causing massive delays and legal costs.

Essential Powers to Include in Your Will

A robust, professionally drafted Will should include express clauses authorising your Executor to:

1. Maintain and Insure Property

Your Executor needs the power to use estate funds to pay for home insurance, council rates, water bills, and basic maintenance to preserve the value of your home until it is sold or transferred.

2. Pay Urgent Debts and Expenses

Executors should be authorised to pay for your funeral, final medical bills, and any outstanding tax liabilities immediately from available estate funds.

3. Manage or Sell Investments

If you own shares or managed funds, your Executor needs the power to sell them, hold them, or reinvest dividends appropriately, protecting the estate from sudden market downturns.

4. Carry on a Business

If you run a small business or operate as a sole trader, your Executor must have the express power to keep the business running (paying staff, fulfilling contracts) so it can be sold as a going concern, rather than abruptly shutting down and losing value.

5. Borrow Money if Necessary

If the estate is “asset rich but cash poor” (e.g., you own a house but have very little in the bank), the Executor may need the power to borrow money to pay for the funeral or property repairs prior to the house being sold.

Related Topics

• Does my Enduring Power of Attorney end when I die?
• When is a Grant of Probate required in Queensland?
• What is Probate and is it always necessary in Queensland?

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1. Succession Act 1981 (Qld)
2. Trusts Act 1973 (Qld)