What Happens if a Will Omits an Executor?

What If a Will Omits to Name an Executor?

What if the document is not a formal will but rather a direction expressed in the form of a letter?

In the 2019 South Australian case of Estate of Drummond, the deceased nominated his neighbours as beneficiaries and emphasised that they should receive his estate “and no one else.” These neighbours had assisted the deceased with medical appointments and general care.

The deceased had clearly communicated to them before his death that he did not have the resources to make a formal will but wanted his estate to go to these neighbours rather than to his cousins or the government. This letter represented his final wishes.

The court agreed that the deceased’s intention expressed in letter form was sufficient to be considered a valid will.

As with all cases, the court’s decision depends on the specific facts and surrounding circumstances.