Duties of an Executor
The persons appointed to deal with the affairs of the deceased are known as Executor(s). If no will exists then the person(s) responsible for the administration of the estate will be known as the Administrator. It is typically for banks and other financial institutions to refer to executors or administrators as personal representatives.
The role of the executor
An executor fulfils a very important role when administrating an estate, as effectively all the deceased’s assets will rest with the executor pending the estate administration. Thus issues relating to the sale of property will rest solely with the Executor.
Executor who has died or does not want to act
Sometimes an Executor maybe unwilling to act, if this is the case then the Executor will need to sign what is known as a deed of renunciation, enabling another executor mentioned in the will or someone beneficially entitled to apply for the grant of probate. Alternatively, an executor may sign a power reserved form. This means that whilst the executor does not take part in the administration of the estate may still be entitled to come into the estate administration at a later date.
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