100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business: Executor races raft of responsibilities

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Church applies to broaden venue use

A 400-person church facility could be opened to a much wider range of events under a new proposal. Hm.church Ltd has lodged a development application More

Upgrade to popular holiday park complete

An upgrade to a Sunshine Coast holiday park is expected to make "a big difference" for visitors. Sunshine Coast Council has delivered a new, modern More

Legally blind photographer challenges assumptions

A Sunshine Coast photographer with two per cent vision is pursuing his passion and challenging preconceptions about vision loss. James Norquay, 25, lost most of More

Hinterland restaurants contest national finals

Three Sunshine Coast restaurants are national finalists in the hospitality industry’s leading awards program. Restaurant & Catering Australia (R&CA) announced the shortlist for the 2026 More

Event governance strengthened under new plan

A council has adopted a five-year strategy for events as it takes a bigger role in their management, funding and oversight. The expanded role follows More

Police investigate serious single-vehicle crash

Two women have been critically injured after a car left a Sunshine Coast road and crashed on Saturday afternoon. Emergency services were called to the More

If you accept the role of executor of an estate, you take on certain legal responsibilities.

After the payment of estate debts, the primary obligation of an executor is the transfer of the assets of the deceased to the beneficiaries named in the will.

But what happens if a beneficiary can’t be found?

The executor has an obligation to locate the missing beneficiary.

The types of inquiries an executor may carry out will depend on the size of the gift and the costs involved.

If, after reasonable inquiries have been made, the beneficiary still cannot be found, an executor might consider seeking the protection of an order of the court.

The court is able to make an order allowing an executor to distribute the estate to the known beneficiaries.

The court order protects the executor for the distribution if the missing beneficiary ever turns up to ‘reclaim’ their gift.

Applying to the court can be an expensive exercise.

If your executor has no family connection with any of the beneficiaries, keeping an up-to-date record of their contact details can be of great assistance to your executor – as well as saving your estate unnecessary costs.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share