Advice for the Executor of a deceased estate when dealing with a firearm

Gun ownership for legitimate purposes, such as the management of a family farm or other such rural property, is commonplace. When the registered owner of the firearm dies, the task of dealing with it generally becomes the responsibility of the Executor named in the deceased’s Will.

In South Australia, the laws surrounding firearms are extremely strict and generally, it is illegal to have possession of a firearm without a valid and current firearms license. This is dictated by the Firearms Act 2015 (SA) and its stringent regulations. The underlying principles of the Act is to confirm firearm possession and use as a privilege that is conditional on the overriding need to ensure public safety.

In accordance with the Act, a deceased estate Executor must:

provide the Registrar, not more than 28 days after coming into possession of the firarm, with written notice in a form approved by the Registrar, giving details of the firearm and the circumstances in which the firearm has come into the Executor's possession;
ensure that the transport or storage of the firearm is in compliance with the requirements of the Act; and
dispose of the firearm, as soon as practicable (but no more than 28 days of coming into possession of the firearm), to a person authorised under the Act to have possession of it (for example a licensed firearms dealer) or by surrendering it to the Registrar.

Failure to meet such criteria could cause you to breach the Act and potentially expose yourself to legal ramifications, including criminal charges being brought against you.

Accordingly, you would be wise to seek legal advice prior to taking possession of, handling and storing any firearm (including ammunition) related to a deceased estate (despite your intentions being entirely innocent).

Fortunately, that same Act can provide you with a defence to a charge of possessing a firearm which you have come into possession of in the course of administering the estate of a deceased person (should you be a recognised Executor or Administrator to that estate). However, that defence is only applicable in the event you meet certain criteria including (but not limited to) those discussed here.

Should you find yourself in such a situation, we recommend speaking with one of our experienced solicitors who would be more than happy to assist with your enquiry should it either be solely related to the above scenario or an estate generally.

For further information about the responsibilities of a deceased estate Executor click here

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

The role of deceased estate executor is an onerous and time-consuming one, but we're here to help.

It is all too likely that you will eventually be nominated as an executor in a Will. You may be aware that you are an executor, but other times you may not. Usually you will find yourself with this responsibility following the death of your spouse, friend or close loved one.

However, what is not often considered is the time-consuming role you may unknowingly inherit once you have accepted your role as executor to an estate. Amongst other things, once you have accepted this role you will take on the responsibilities of administering the estate of the deceased which may include:-

Locating the last valid Will of the deceased;
Applying for the deceased’s official Death Certificate;
Obtaining a Grant of Probate;
Locating beneficiaries;
Collecting in all of the assets of the deceased and distributing the same;
Paying any debts of and fulfilling any outstanding obligations of the deceased;
Collating and applying for tax returns (and ensuring all tax obligations are dealt with); and
Dealing with the beneficiaries and acting in your capacity as executor should a third party bring a claim against the estate pursuant to the Inheritance (Family Provision) Act 1972 .

This can be a particularly onerous and time-consuming role, and one which should not be taken lightly.

As an executor, you have a fiduciary duty to administer the estate properly and promptly which brings with that duty various risks including personal liability for making certain decisions and additional liability for various inactions.

Accordingly, it is important that should you become aware that you have been nominated as an executor in a Will or if you have been notified that you are an executor of an estate, then you should know what you are required to do following the death of the testator.

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The top 8 duties of a deceased estate executor.

Scammell & Co have highly experienced solicitors to assist in estate administration, probate applications, estate advice and assisting executors to navigate their way through what is usually a difficult and confusing time.

Should you wish to discuss your position or enquire as to how we can help you, please do not hesitate to contact us.

For further information about our deceased estate administration services, please follow the link here

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.