DUTIES OF THE EXECUTOR

The Executor has duties to the beneficiaries in the course of administration, including the following:

• Administer the Estate in the interest of the beneficiaries. The Executor should not allow their own interest to conflict with that of the beneficiaries ;
• Act impartially for the benefits of all beneficiaries, without following instructions from one specific beneficiary to the detriment of others;
• Keep a proper account of the Estate, and answer to reasonable enquiries made by the beneficiaries;
• Apply reasonable care when exercising the powers.

The Executor may attract personal liability for breaching his duties. Considering this job is generally not remunerated, it is essential for anyone who acts as Executor to understand their powers and responsibilities to avoid disputes and liabilities

CONSIDERATIONS TO MAKE WHEN APPOINTING AN EXECUTOR

For the above reasons, anyone who makes a Will should make careful considerations when choosing the Executor and whether to put in additional clauses governing the powers and duties of the Executor in the Will. It also highlights the importance of having the Will drafted by a professional to avoid any confusion over the rights and duties of the Executor.

If you have been nominated as an Executor and need to obtain an original Will, please contact us HERE.