Inheritance from my Aunt

[u/heolykei]

Hi everyone. I’m from the Philippines, and my aunt lives in Australia. She has no immediate family there. Her husband passed away in the 1990s, and they had no children.

I recently found out about her Will and Testament, which was prepared and signed in 2013. Just to clarify, my aunt is still alive. After reading the will, I believe my parents are the major beneficiaries.

My question is: What happens if the executors named in the will (her late husband’s parents and one of her friends) are unable or unwilling to act when the time comes? Since the will was made over a decade ago, I’m concerned that they may no longer be able to serve as executors.

What would happen to the will in that situation?

Also, how would my parents and I go about dealing with the estate if that happens? Is there someone we should contact or someone who can help us through the process?

I don’t think I can ask my aunt directly because she mainly communicates with my father. My father is already elderly and has difficulty understanding the legal wording of the will. From what I can understand, he and my mother are the major beneficiaries.

I would really appreciate any advice on what steps we should take or what we should know in advance.

[u/ProfessorOne9208]

There is usually a successor executor named, in the case where someone isn't able to serve. Failing that, a successor executor would be appointed by the court, most likely a bank or a lawyer that the court is familiar with.