Executor Mistakes With Property in NSW and SA – Avoiding Personal Risk

If you are an executor and feel pressured to “just get on with it” regarding estate property, you may overlook obligations that expose you personally.

You are expected to act in the best interests of all beneficiaries, follow the will or court orders and protect estate assets. Property is usually the largest asset in an estate, and decisions about when and how to sell or transfer it are often scrutinised later. Acting too fast, too slowly, or without proper advice can create criticism and, in some cases, personal liability.

Common mistakes include:

• agreeing to sell below market value without proper justification

• failing to insure, secure or maintain the property pending sale

• delaying sales or transfers for years, allowing costs and disputes to build up

We help you understand your options and obligations from the start. That involves reviewing the will or orders, explaining the range of reasonable decisions, and then preparing and managing the contracts or transfers needed to implement them. Our aim is to protect the estate and reduce the risk of complaints being directed at you.

If you are an executor with estate property in NSW or SA, please contact us before you list, sell or transfer any property. A short discussion and a clear plan can significantly reduce your personal risk and stress throughout the administration.

Disclaimer: This is general information only and does not take into account your specific circumstances. Every property and transaction is different. We can only confirm how this applies to you after you contact us and we review your matter on a case‑by‑case basis.