FREQUENTLY ASKED QUESTIONS

QUESTION:
Who is an Executor ?

ANSWER:
An executor is the personal representative of the deceased. An executor is appointed by the testator under a Will. The executor’s function is to gather together the assets of the deceased, pay all the debts of the estate and then distribute the balance of the assets to the beneficiaries in accordance with the terms of the Will. He does this after paying the funeral and legal expenses. An executrix is a woman who is appointed in the Will to carry out the same functions as an executor.

Sometimes, even though there is a Will, the executor mentioned in the Will is unable or unwilling to prove the Will in which case an administrator would have to be appointed.

However, if there are minor beneficiaries under 21 years old named in the Will, you would need at least 2 executors/ trustees. The executors can also act as trustees.