The role of executor is onerous and a testator should carefully consider who they wish to appoint as executor in their will. One executor is sufficient but it is advisable to appoint more than one.
Duties of an Executor
The role of executor is onerous and a testator should carefully consider who they wish to appoint as executor in their will. One executor is sufficient but it is advisable to appoint more than one.
It is important to note that an executor derives his authority to act from the will with the assets of the estate automatically vesting in the executor at the date of the testators death.
An Executor once appointed does not have to act and can accept, reserve or renounce his position however if an executor accepts his appointment then once a Grant of Probate issues the executor cannot renounce without the consent of the High Court.
Cosgrove Gaynard Solicitors have set out the primary duties of an executor below. It should be noted that this list is not exhaustive and particular issues will arise depending on the estate itself:
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