Tasks and Responsibilities of Our Executor
by Peter John Lasting Power of Attorney GuidanceA legal representative
designated in a will or assumed to be one is known as an executor, and their
responsibility is to oversee the division of the testator's assets.
Standards for Choosing an
Executor
·
The nominated executor must be at least 18
years old and in good mental and physical health.
·
If the named executor of will
duties declines to carry out his responsibilities when actual action is
required, replacement executors will be appointed.
·
A beneficiary of the will or a third party
may be named as the executor.
·
The executor must be informed that even
though the task was completed in good faith, they are nonetheless responsible
for any errors or inaccuracies.
Executor's Obligations
and Responsibilities
·
Funeral costs are covered out of the
testator's estate.
·
The testator's death certificate is
acquired.
·
The proper application of the will's
interpretation, and the distribution of assets to the suitable beneficiary.
·
Creating an inventory of the assets that
will be disposed of or sold.
·
Up until the properties are sold, all
expenses are managed.
·
Applying for probate in cases when it is
required by law since it serves as the legal proof of the executor's power.
·
The distribution of assets according to
the will's instructions.
·
The payment of debts owed to the testator
or the collection of debts owed to the testator.
·
Keeping a record of each transaction.
·
Defending the testator in any legal
proceedings excluding criminal and defamatory matters.
Benefits of Having an Executor
·
Beneficiaries must be certain that the
property will be handled correctly.
·
The family can be released from the
administrative burdens of carrying out the will by designating a third party as
the executor.
·
Appointing the executor in a timely manner
will benefit the beneficiaries by saving time and money.
·
By picking an executor who would be
impartial and fair in his dealings, many situations that have been pending in
courts because of family disputes can be avoided.
Executors can be anyone.
It is frequently one of the nominees or the person benefiting from the assets,
or a third person particularly if a dispute is otherwise anticipated, whom the
testator trusts and would like to get engaged in dividing the property over to
his nominees.
Executors in Wills: Why
They're Required
A testator's final will and testament, which directs that his possessions be distributed in accordance with his preferences, is a very important legal document. London probate registry is required for such a will in order to see that all instructions are followed. Although people sometimes fail to designate an executor, doing so is not the ideal course of action because it's likely that the wrong individual will end up serving in that capacity.
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Created on Mar 20th 2023 07:30. Viewed 155 times.