Executor Services (with Will)

The Fiji Public Trustee can provide the following Executor services following the death of the testator:-

  • Execution of testator/testatrix Will.
  • Marshalling of the assets and ascertain value of the estate.
  • Application to court for grant of probate based on the value of the assets.
  • Obtain tax clearance from Fiji Islands Revenue Customs Authority in accordance with section 72 of the Income Tax Act.
  • Prepare statement of accounts.
  • Itemizing in full the Fiji Public Trustee’s fees and administration costs in order to finalize the administration of estate.
  • Meeting with beneficiaries regarding settlement of fees.
  • Consent application for transfer with iTaukei Land Trust Board, Housing Authority, Lands Dept, Methodist Church.
  • Arrange for stamping of transfer documents with Stamp Duties Office.
  • Apply for Capital Gain Tax clearance with Fiji Islands Revenue Customs Authority.
  • Lodge transmission by death and transfers with Titles Office for registration in relation to properties.
  • For estate with cash benefits such as insurance proceeds and bank proceeds. Once the necessary tax clearance is obtained from FIRCA, we prepare a statement of account before distribution to the beneficiaries in accordance with the deceased Will.
  • Files are referred to Manager Estates/Trust (ME/T) and Manager Finance & Admin (MFA) for verification of accounts before closing off the file. This is done after the administration of the estate is finalized.

Administration of Intestate Estates (without Will)

The Fiji Public Trustee can provide the following Administrator services following the death of the deceased, provided the next of kin of the deceased appoints the Fiji Public Trustee in accordance with section 18 of the Fiji Public Trustee Corporation Act 2006.

The services includes:

  • Marshalling of the assets and ascertain value of the estate.
  • Application to court for grant of letters of administration based on the value of the assets.
  • Obtain section 72 tax clearance from FIRCA of the Income Tax Act.
  • Meeting with beneficiaries regarding the intention for the distribution of the estate, for example, how the beneficiaries want to distribute their respective shares in the estate.
  • Prepare Deed of Family Arrangement in accordance with the beneficiaries wishes for the distribution of the estate. Arrange for stamping of the Deed with Stamp Duties Office.
  • Prepare statement of accounts.
  • Itemizing in full the Fiji Public Trustee’s fees and administration costs in order to finalize the administration of estate.
  • Meeting with beneficiaries regarding settlement of fees.
  • Consent application for transfer with iTLTB, Housing Authority, Lands Dept, Methodist Church.
  • Arrange for stamping of transfer documents with Stamp Duties Office.
  • Apply for Capital Gain Tax clearance with FIRCA.
  • Lodge transmission by death and transfers with Titles Office for registration (for properties).
  • For estate with cash benefits such as insurance proceeds and bank proceeds. Once the necessary tax clearance is obtained from FIRCA, we prepare a statement of account before distribution to the beneficiaries.

Listed below are some frequently asked questions to help guide you. Click on the question for more information.

What is an Estate?

Estate consists of all the property that a person owns or controls. The property might be in his or her own name, held in partnership, or jointly owned.

Estate property is also inclusive of monies that would be generated upon the person’s death, for example, life insurance.

What is Probate?

It is the legal process of administering an estate of a deceased person by determining all claims and distributing the deceased persons property under the valid Will.

In simplified terms, Probate is a formal document that confirms the executor and gives them permission to administer the estate.

What is Letters of Administration?

Letters of Administration can be granted by a court or the probate registry whereby the appropriate people are appointed to deal with a deceased persons estate.

Here, the property of the deceased will be distributed according to the laws of intestacy in force. In Fiji, the law referred to here is the Succession, Probate and Administration Act, Cap. 60.

What is an Executor?

An executor is an appointed person responsible for carrying out the wishes of a deceased person. An executor must comply with various laws and rules that govern the administration of deceased estates.

What is the role of the Executor?

The major role of the executor is to properly manage an estate within the terms of the Will and protect the assets of the estate by rightfully distributing the estate properties to the rightful appointed beneficiaries.

The duties and responsibilities of an executor may include:

  • Locating the Will of the deceased.
  • Applying to court for a grant of Probate of the last Will and Testament.
  • Determining the right beneficiaries.
  • Collecting assets.
  • To make sure that all claims and debts are received, assessed and paid off.
  • To distribute assets according to the terms of the Will.
  • Defending litigation