Skip to content
English - Australia
  • There are no suggestions because the search field is empty.

Does assisting an executor in distributing a deceased estate fall under designated services?

Generally not, because estate money received and paid out under a Grant of Probate or Letters of Administration sits within the court-order exemption.

The general position, supported by the Explanatory Memorandum to the AML/CTF Amendment Act, is that estate money or property received and paid out under an order of the Court (a Grant of Probate or Letters of Administration) falls within the court-order exemption. The estate distribution is being carried out under judicial authority, not as a discretionary transaction by the lawyer or accountant assisting the executor.

Whilst you have CDD obligations you generally don’t have to conduct KYC on the appointed representative - the person acting on the principal's behalf.

Four common scenarios:

  • Executor under a Grant of Probate. Confirm the executor. Sight the Grant of Probate (or Letters of Administration where there's no will).
  • Power of Attorney (POA) / Enduring Power of Attorney (EPA). Confirm the attorney (the person holding the power). You also need to sight the POA/EPA document to confirm the attorney's authority and that it's still in force.
  • Administrator appointed under guardianship or tribunal order. Confirm the administrator. Sight the appointment instrument.
  • Court-appointed trustee or receiver. Confirm the appointee. Sight the order of appointment.

To fully protect your business we recommend asking for and reviewing a certified copy of relevant document.

What you should also capture, even though full KYC isn't run on them:

  • The principal's identity details (name, DOB) for the record, so the underlying customer is documented.
  • The scope and limitations of the authority - many POAs are limited to specific transactions or asset classes.
  • The expiry or revocation date if applicable.

Where this does become a designated service:

  • The same firm undertakes transfer of real estate out of the estate (e.g. conveying property to a beneficiary) - that conveyancing work is a designated service under Table 6, item 1.
  • The estate involves establishing or restructuring trusts, incorporating companies to hold estate assets, or acting as trustee/director on the client's behalf - captured under Table 6, items 4–6 (trust and corporate services).
  • The executor exercises significant discretion outside the Grant - at that point the protective effect of the court order narrows.

Related articles