What Should My Executor Do When I Die?

When you write a Will, you appoint an Executor or Executors. This is a person or multiple people, including potentially a law or accounting firm, who you trust to carry out your wishes after you pass away. An Executor plays an important role in ensuring your estate is managed and distributed according to Islamic inheritance laws while following Australian legal requirements. The following steps list what your Executor should do when the time comes.

1. Locate Your Will

The first step for your Executor is to find your Will. Make sure your Executor knows where you’ve kept it, whether it’s with a professional, in a physical vault, or at home in a safe place.

2. Apply for Probate

Probate is the legal process where a court recognises your Will as valid and gives the Executor the authority to manage your estate. Your Executor will:

• Submit the original Will to the probate office.
• Provide a death certificate and other required documents.

Once probate is granted, your Executor can officially start managing your estate. A lawyer is often engaged to undertake this process.

3. Manage Your Assets and Debts

Your Executor will gather all your assets, including:

• Bank accounts.
• Property and investments.
• Personal belongings.

They will also identify any debts or liabilities, such as:

• Outstanding loans or credit card bills.
• Probate and estate administration expenses.
• Funeral expenses.
• Taxes owed.
• Islamic obligations that need to be fulfilled.

The Executor must pay any debts before distributing your estate to your beneficiaries.

4. Access your MuslimWills Secure Vault

If you have utilised the MuslimWills service and have left important information in your Secure Vault, e.g. your loan documents, unfulfilled Islamic obligations, list of assets, family tree and contact details, letters for your loved ones, etc., then your Executor will need to access this Vault to act upon your wishes.

Accessing the Secure Vault is straightforward but strictly controlled to ensure privacy and legal compliance. Your nominated Executor will be able to access the Vault after your death by following the steps below:

1. Secure Vault Access Code: Your Will prepared through MuslimWills includes a unique Secure Vault Access Code. This code ensures that only the Executor(s) you have officially appointed can retrieve confidential information and documents related to your estate. The access code appears before the Annexure section of your Will.
2. Contact MuslimWills Support: The Executor should contact MuslimWills as soon as possible after your passing by emailing support@muslimwills.com.au.
3. Verification by MuslimWills: To ensure security and authenticity, the Executor must provide the following to the Support Team:
   • Evidence of death, such as the official death certificate.
   • The Secure Vault Access Code (found before the Annexure in the MuslimWills-generated Will).
   • Photo identification (e.g. driver’s licence or passport) to confirm their identity as the appointed Executor.
   • Probate or executor verification documents, where applicable, to confirm their legal right to act on behalf of the deceased’s estate.
4. Access Granted: Once MuslimWills verifies the Executor’s identity and legal authority, the team will provide access.

5. Distribute your Estate

If your Will specifies that your estate should be distributed according to Islamic inheritance laws, your Executor will:

• First pay off all debts and Islamic obligations.
• Honour any wasiyyah (discretionary bequests) you included in your Will, which allows up to one-third of your estate to go to non-heirs or charities.
• Use the Fara’id (Islamic inheritance rules) to divide your remaining assets among your fixed heirs, such as your Muslim spouse, children, parents, and siblings.

If you have not specified that your estate must be distributed according to Islamic inheritance laws, once your debts and expenses are settled, your Executor will distribute your assets to the beneficiaries listed in your Will. This might include:

• Transferring ownership of property or money.
• Donating to charities if specified.
• Handing over personal items, such as jewellery or family heirlooms.

The Executor must ensure this is done fairly and in line with your Will.

6. Handle Disputes (if any)

Sometimes, family members or others may dispute the Will or challenge the distribution. If this happens, your Executor will work to resolve the issue, often with the help of legal advice.

7. Close the Estate

Once all tasks are complete, the Executor’s job is done. This includes:

• Keeping clear records of all transactions.
• Finalising any outstanding matters, such as taxes or legal fees.
• Closing bank accounts or other assets in your name.

The typical timeframe in Australia is 12 months for an Executor to apply for probate, identify all assets and liabilities, settle all debts and court claims, and distribute the estate. However, complex estates, disputes, property sales or tax complications may delay this process.

Choose your Executor Wisely!

Your Executor ensures that your obligations are addressed, wishes are carried out and your loved ones are cared for. Choosing the right person, someone who understands how important your faith and values are to you, is essential. Make sure they know what to expect and are prepared to take on this important role when the time comes.