Appointment of Executor (Executor Nomination) — Australia
(Executor Nomination)
This Appointment of Executor (the "Nomination") is made on [Nomination Date] at [Nomination City], [Governing State], Australia, by:
[Testator Name], of [Testator Address], born [Testator DOB] (the "Testator").
RECITALS
A. The Testator has made, or intends to make, a valid Last Will and Testament in accordance with the applicable succession legislation of [Governing State], Australia.
B. The Testator wishes to formally nominate the persons named in this Nomination as executor(s) of their estate, in accordance with the Succession Act applicable in [Governing State] and this Nomination.
C. This Nomination is intended to be read together with the Testator's Last Will and Testament. In the event of any inconsistency, the Last Will and Testament shall prevail.
D. This Nomination shall be operative upon the death of the Testator.
1. TESTATOR'S DECLARATION
1.1 I, [Testator Name], of [Testator Address], being of sound mind and legal capacity, hereby formally nominate the persons identified in this Nomination as executor(s) of my estate.
1.2 I confirm that I am making this Nomination freely and voluntarily, without undue influence, duress, or coercion from any person.
1.3 I understand that this Nomination grants the named executor(s) the legal authority to apply for a grant of probate in the Supreme Court of [Governing State], to collect and manage my estate assets, to pay my debts, expenses, and taxes, and to distribute my estate in accordance with my Last Will and Testament.
2. APPOINTMENT OF PRIMARY EXECUTOR
2.1 I hereby appoint [Primary Executor Name], of [Primary Executor Address], my [Primary Executor Relationship], as the Primary Executor of my estate.
2.2 The Primary Executor shall have full authority to:
- apply for a grant of probate in the Supreme Court of [Governing State] (or the relevant court of any Australian jurisdiction in which I hold assets at the date of my death);
- collect and take possession of all assets forming part of my estate, including real property, personal property, bank accounts, share portfolios, superannuation death benefits (where payable to the estate), and all other assets;
- pay all debts, liabilities, expenses, and taxes of my estate, including my final income tax return and any applicable Capital Gains Tax;
- manage and invest estate assets during the period of administration;
- sell, transfer, or otherwise deal with estate assets as required to administer the estate and meet liabilities;
- engage a solicitor, accountant, and other professional advisers as required at the expense of the estate;
- distribute the residue of my estate to the beneficiaries named in my Last Will and Testament;
- execute all documents and take all steps necessary to administer and wind up my estate.
2.3 The Primary Executor shall carry out their duties in accordance with my Last Will and Testament, the applicable Succession Act of [Governing State], and the Trustee Act of [Governing State].
3. EXECUTOR'S DUTIES
3.1 My executor shall administer my estate with reasonable diligence and in accordance with their fiduciary duties to the beneficiaries. These duties include:
- to apply for and obtain a grant of probate in the Supreme Court of [Governing State] as soon as reasonably practicable after my death;
- to identify, collect, and safeguard all assets forming part of my estate;
- to notify all relevant institutions, government agencies, and individuals of my death and of the executor's authority to deal with estate assets;
- to pay all valid debts, liabilities, and expenses of the estate, including funeral expenses, medical expenses, credit card debts, mortgage liabilities, and any other obligations;
- to lodge my final income tax return with the Australian Taxation Office (ATO) for the period up to the date of my death, and to obtain a tax clearance as required;
- to apply for a Deceased Estate TFN from the ATO if the estate will derive income during the administration period;
- to distribute the residue of my estate to the beneficiaries in accordance with my Last Will and Testament and any applicable court orders;
- to keep proper accounts of all estate transactions and to provide accounts to beneficiaries on request;
- to act impartially between beneficiaries and to avoid conflicts of interest.
4. EXECUTOR REMUNERATION
4.1 My executor's remuneration entitlement is as follows: [Executor Remuneration].
4.2 In all cases, my executor shall be entitled to be reimbursed from the estate for all reasonable out-of-pocket expenses incurred in the course of administering my estate, including expenses for legal advice, accountancy fees, property valuations, and court filing fees.
4.3 Any executor remuneration (if applicable) shall be consistent with the applicable provisions of the Succession Act of [Governing State] and is subject to the approval of the beneficiaries or, if required, the Supreme Court.
5. RENUNCIATION
5.1 Any executor named in this Nomination has the right to renounce their appointment, provided they have not yet intermeddled (taken active steps in the administration) of my estate.
5.2 Renunciation process: [Renunciation Process].
5.3 An executor who renounces their appointment must file a formal Renunciation of Probate with the Probate Registry of the Supreme Court of [Governing State] on the approved form. Upon renunciation, the appointment passes to the Substitute Executor (if any) or, if there is no substitute, the beneficiaries may apply for Letters of Administration.
5.4 An executor who has intermeddled in the estate cannot renounce without leave of the Supreme Court.
6. SUCCESSION LEGISLATION
6.1 This Nomination is made subject to and consistent with the applicable succession legislation of [Governing State], Australia. The executor's authority to administer my estate is derived from the grant of probate issued by the Supreme Court of [Governing State] under the applicable Succession Act.
6.2 If at the time of my death I hold assets in more than one Australian jurisdiction, my executor may be required to apply for ancillary probate (or reseal of probate) in each additional jurisdiction. My executor is authorised to take all steps necessary to obtain probate or its equivalent in any Australian or overseas jurisdiction where I hold assets.
6.3 The administration of my estate is subject to the applicable provisions of the Income Tax Assessment Act 1936 (Cth), the Income Tax Assessment Act 1997 (Cth), and any applicable state duties legislation.
7. GOVERNING LAW AND PROFESSIONAL ADVICE
7.1 This Nomination is governed by the laws of [Governing State], Australia.
7.2 IMPORTANT: This Nomination does not replace a Last Will and Testament. The Testator and nominated executor(s) are strongly advised to seek independent legal advice from a qualified solicitor before executing this Nomination and before undertaking any steps in the administration of the estate.
SIGNED at [Nomination City], [Governing State], on [Nomination Date]
SIGNED by the TESTATOR
Full name: [Testator Name]
Address: [Testator Address]
Date of birth: [Testator DOB]
Signature: _______________________________
Date: [Nomination Date]
WITNESSED BY WITNESS 1
(The witness must be an adult who is not the executor, substitute executor, or a beneficiary under the testator's will)
Full name: _______________________________
Address: _______________________________
Occupation: _______________________________
Signature: _______________________________
Date: _______________________________
WITNESSED BY WITNESS 2
Full name: _______________________________
Address: _______________________________
Occupation: _______________________________
Signature: _______________________________
Date: _______________________________
ACCEPTANCE BY PRIMARY EXECUTOR
I, [Primary Executor Name], acknowledge that I have been nominated as executor of the estate of [Testator Name] and confirm that I am willing and able to act as executor when required.
Signature: _______________________________
Full name: [Primary Executor Name]
Address: [Primary Executor Address]
Date: _______________________________
In the presence of:
Witness name: _______________________________
Witness signature: _______________________________
Testator
________________
Signature
Date: ________________
Primary Executor (Acceptance)
________________
Signature
Date: ________________
What Is a Appointment of Executor (Executor Nomination) — Australia?
An Appointment of Executor (Executor Nomination) in Australia records the appointment of the person responsible for administering a deceased estate and the steps required to obtain authority to deal with estate assets under the Succession Act 2006 (NSW).
In Australia, the appointment of an executor is most commonly made within the testator's Last Will and Testament. However, a standalone executor nomination document serves several important purposes: it provides a clear, formal record of the executor nomination that can be stored separately from the will; it can be updated when the testator wishes to change their executor without rewriting their entire will; it can include detailed provisions about executor powers, remuneration, and succession that supplement the will; and it provides the nominated executor with written evidence of their appointment prior to death.
The executor's legal authority to administer the estate does not automatically arise from their nomination in the will — it must be confirmed by the Supreme Court of the relevant state or territory through a grant of Probate. Probate is the official court process by which the will is proved to be valid and the executor is given the legal right to deal with the deceased's assets. Most major financial institutions, the Australian Securities Exchange (ASX), and state Titles Offices will not release or transfer estate assets without production of a sealed grant of Probate.
Australian succession law varies by jurisdiction but shares a common framework. Key legislation includes the NSW Succession Act 2006, VIC Administration and Probate Act 1958, QLD Succession Act 1981, WA Administration Act 1903, SA Administration and Probate Act 1919, TAS Administration and Probate Act 1935, ACT Administration and Probate Act 1929, and NT Administration and Probate Act 1969. Each jurisdiction has its own Probate Registry within the Supreme Court, with its own procedures, forms, and fees.
The executor owes strict fiduciary duties to the beneficiaries of the estate — duties of loyalty, impartiality, prudence, and full disclosure. A breach of these duties can result in the executor being removed by the Supreme Court and held personally liable for any resulting loss to the estate.
The legal framework governing the Appointment of Executor (Executor Nomination) — Australia in Australia draws on several key statutes and regulatory bodies. Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. The Australian Taxation Office (ATO) administers estate taxation. Section 7 of the Succession Act 2006 (NSW) sets formal requirements for valid wills. The Privacy Act 1988 (Cth) applies to personal data held by executors and administrators. Parties executing a Appointment of Executor (Executor Nomination) — Australia in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Succession Act 2006 (NSW) sets the foundational requirements.
When Do You Need a Appointment of Executor (Executor Nomination) — Australia?
An Appointment of Executor document is appropriate in the following situations:
Updating your executor nomination without rewriting your will. If you have an existing will but wish to change the person nominated as executor — because your original choice has died, moved overseas, become incapacitated, or is no longer your preferred choice — a standalone executor nomination allows you to record the updated appointment without the cost and complexity of executing a new will. However, you should obtain legal advice about whether this creates any inconsistency with your existing will.
Appointing a substitute executor. You should always name at least one substitute executor in case your primary executor cannot or will not act. A standalone nomination allows you to nominate a substitute and clearly define the circumstances in which the substitute takes over.
Appointing a professional executor. If you wish to appoint a solicitor, accountant, or licensed trustee company as executor — particularly for complex estates with business interests, multiple jurisdictions, or potential family disputes — this document allows you to formally record that appointment and the executor's agreed remuneration terms.
Providing additional executor powers. Where your will does not grant sufficient powers to your executor — for example, powers to carry on a business, invest in specific asset classes, or deal with overseas assets — this nomination can grant those additional powers expressly.
Estates with complex assets. For estates that include business interests, farming property, investment portfolios, overseas assets, or assets held in trusts, a formal executor appointment document setting out detailed powers and responsibilities is essential.
Parties in Australia should prepare a Appointment of Executor (Executor Nomination) — Australia proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. The Australian Taxation Office (ATO) administers estate taxation. Section 7 of the Succession Act 2006 (NSW) sets formal requirements for valid wills. The Privacy Act 1988 (Cth) applies to personal data held by executors and administrators. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Appointment of Executor (Executor Nomination) — Australia
An effective Australian Appointment of Executor contains several essential provisions.
Testator identification: The document must clearly identify the testator — including full legal name, current address, and date of birth — to avoid any ambiguity about which person's estate is being administered. The testator must have legal capacity (be of sound mind) at the time of signing.
Primary executor appointment: The primary executor must be identified by full legal name and current address, and their relationship to the testator should be noted. The executor must be an adult (18 years or older) who is not under a legal disability. The document should clearly state the full scope of the executor's authority, including the power to apply for probate, collect assets, pay debts, lodge tax returns, and distribute the estate.
Substitute executor: A substitute (or replacement) executor should always be nominated. The circumstances in which the substitute takes over — death, incapacity, renunciation, or inability to act — must be clearly specified.
Additional powers: While executors derive significant powers from the applicable Succession Act and Trustee Act, additional express powers may be needed for complex estates — such as powers to carry on a business, retain investments indefinitely, sell property without beneficiary consent, or deal with overseas assets.
Remuneration provisions: For professional executors, an express remuneration clause is essential. For lay executors, the entitlement to expense reimbursement should be acknowledged. The applicable commission provisions under state succession legislation should be referenced.
Renunciation provisions: The document should acknowledge the executor's right to renounce their appointment before intermeddling, and specify the process for doing so — including filing a formal Renunciation of Probate with the Probate Registry of the Supreme Court.
Execution requirements: The nomination must be signed by the testator in the presence of two adult witnesses who are not named as executor, substitute executor, or beneficiaries under the will. Both witnesses must be present at the same time as the testator signs. Non-compliance with witnessing requirements may invalidate the nomination.
Additional compliance elements for a Appointment of Executor (Executor Nomination) — Australia used in Australia include: Under state succession legislation — including the Succession Act 2006 (NSW), Wills Act 1997 (Vic), and Succession Act 1981 (Qld) — the Supreme Court of each state administers probate. The Trustee Act 1925 (NSW) and equivalent state Acts govern trustee obligations. The Australian Taxation Office (ATO) administers estate taxation. Section 7 of the Succession Act 2006 (NSW) sets formal requirements for valid wills. The Privacy Act 1988 (Cth) applies to personal data held by executors and administrators. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Appointment of Executor (Executor Nomination) — Australia (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/estate-planning/estate/executor-appointment-australia
"Appointment of Executor (Executor Nomination) — Australia (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/estate-planning/estate/executor-appointment-australia.
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year = {2026},
howpublished = {\url{https://forms-legal.com/australia/estate-planning/estate/executor-appointment-australia}},
note = {Free legal document template. Based on Succession Act 2006 (NSW)}
}Also available for these jurisdictions:
Frequently Asked Questions
An executor is the person nominated in a will to administer the deceased person's estate. In Australia, the executor's responsibilities are extensive and legally significant. After the testator's death, the executor must: apply to the Supreme Court of the relevant state or territory for a grant of probate — the court's official confirmation that the will is valid and the executor has authority to deal with the estate; identify and collect all estate assets, including real property, bank accounts, share portfolios, vehicles, and personal property; pay all valid debts, liabilities, and expenses of the estate; lodge the deceased's final income tax return with the ATO for the period to the date of death; manage estate assets prudently during the administration period; and finally, distribute the residue of the estate to the beneficiaries in accordance with the will. The executor owes fiduciary duties to the beneficiaries and is personally liable for any breach of those duties. Under the applicable Succession Acts across Australian jurisdictions, the grant of probate is required before most financial institutions will release estate assets to the executor.
Yes. Under Australian succession law, an executor has the right to renounce their appointment — that is, to formally decline to act — provided they have not yet intermeddled in the estate. 'Intermeddling' means taking any step in the administration of the estate, such as collecting assets, paying debts, or otherwise acting in the role of executor. Once an executor has intermeddled, they cannot renounce without leave (permission) of the Supreme Court. To formally renounce, the executor must file a Renunciation of Probate in the Probate Registry of the Supreme Court of the relevant state or territory on the approved form. The renunciation must be filed before the executor applies for probate. If the primary executor renounces, the appointment passes to the substitute executor named in the will or nomination. If there is no substitute, the beneficiaries may apply to the Supreme Court for Letters of Administration with the Will Annexed, which grants administration authority to a non-executor.
Not necessarily. Probate is generally required when the deceased held assets that financial institutions or the Titles Office will only release or transfer upon production of a grant of probate. In practice, this means probate is required for most estates containing real property, share portfolios, bank accounts above a certain threshold (which varies by institution, but commonly AUD $15,000 to $50,000), and significant personal property. Small estates — where the deceased's total assets fall below the relevant financial institution's threshold and do not include real property — may be administered without a formal grant of probate under a 'small estate' process, often requiring only a death certificate and the will. Superannuation death benefits are generally not part of the estate (unless paid to the estate) and are paid directly by the fund to nominated beneficiaries, bypassing probate entirely. Always obtain legal advice from a solicitor to determine whether probate is required for your specific circumstances.
An executor is not automatically entitled to payment for their services unless the will expressly provides for remuneration. Under the applicable succession legislation — for example, NSW Succession Act 2006 s.86 (commission) and VIC Administration and Probate Act 1958 s.65 (commission) — the Supreme Court has the power to allow an executor's application for commission as just and reasonable compensation for their pains and trouble in administering the estate. Court-approved commission is typically calculated as a percentage of the estate (often around 1.5% to 2.5% of the gross estate value, depending on the complexity of the administration). Professional executors — such as solicitors, accountants, or trustee companies — typically charge professional hourly rates or a percentage fee under an express remuneration clause in the will. Lay executors (family members, friends) commonly act without payment but are always entitled to reimbursement from the estate for reasonable out-of-pocket expenses.
An executor is appointed by the testator (will-maker) in their will and is granted authority by the Supreme Court through a grant of Probate. An administrator is appointed by the Supreme Court — through a grant of Letters of Administration — when there is no will (intestacy), when the will does not name an executor, or when all named executors have died, lost capacity, or renounced their appointment. The administrator of an intestate estate distributes the estate in accordance with the applicable intestacy provisions of state legislation — for example, NSW Succession Act 2006 Part 4 (intestacy), VIC Administration and Probate Act 1958 Part I (intestacy). The order of priority for intestate administration is set out in legislation and generally favours the surviving spouse, then children, then other relatives. The practical powers and duties of an executor and administrator are largely identical — both must collect assets, pay debts, and distribute the estate — but the source of their authority differs.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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