Role Of Executor

Written by: KP Carmody & Co

legal

What is an Executor?

An executor is the person appointed by the Will to administer an Estate. The executor should ensure that the debts due by the deceased and the estate are paid and that the assets belonging to the deceased are distributed in accordance with the terms of the deceased’s Will.

A person making their Will, called the testator, usually appoints one or two persons to be the executor or executors of their Will.

What do I need to do as an Executor?

The Will: An Executor should be confident that they are holding the last Will of the deceased, and that the deceased had mental capacity at the time of the signing of the Will.

Funeral: An Executor should check if the deceased had any specific directions or wish regarding their funeral, this is often found in a Will.

You will also need to find out if the funeral has been prepaid, details can often be found stored with the Will.

Unless a family member has already arranged it, an executor should liaise with the family and arrange the funeral. Note that any other person who is not an Executor who arranges the funeral is personally liable for the costs. They may be reimbursed by the Executor from Estate funds, if the costs are reasonable and there are sufficient funds in the Estate.

Assets: As Executor, you will need to gather a list of everything the deceased owned. This includes any payments or assets they were entitled to as at the date of death, in order to prepare an Inventory of Property.

KP Carmody – Target

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