Can a solicitor act as executor?

Common executor appointments include family members and friends, although it is also possible to appoint your solicitor as a professional executor. This includes looking at their family dynamics, the size and complexity of their estate and how they ultimately want their assets distributed.

How to nominate a legal representative to act on behalf of?

See ‘More information’ below. Alternatively, you can use this form to notify us if you have appointed a legal representative (barrister or solicitor) to deal with the Australian Taxation Office (ATO) about your personal taxation affairs on your behalf. It is important to know that:

What is the definition of an appointed Solicitor?

An “appointed solicitor” is a solicitor who: is instructed directly by the accused; and

Can a solicitor act on behalf of a client?

Circumstances can sometimes arise, where a solicitor is retained to act on behalf of a client, however it is not the client who is responsible for the fees. It is not uncommon for the fee payer to have an interest, financial, emotional or other, in the outcome of a proceeding or transaction.

What does it mean to accept service from a solicitor?

The decision to accept service has to be express and it has to be “in writing”. The fact that a solicitor is acting for the party and has written on the defendant’s behalf prior to issue does not mean that authority is inferred.

An “appointed solicitor” is a solicitor who: is instructed directly by the accused; and

Can a solicitor continue to act as executor of a will?

The solicitor should consider why they were appointed, and if there are any good reasons why they should continue to act as Executor. If the beneficiaries have all given their own informed consent for them to step down, then the solicitor should be prepared to do so.

When does service take place on a nominated Solicitor?

“… the primary obligation is on a party to give an address for service, and that once there has been compliance with that obligation, ordinarily speaking, service will be at the address given.” If the solicitor has written stating that they are authorised to accept proceedings then service must take place on that solicitor.