General

An executor is a person appointed by the testator, usually by their Will or codicil, to:

1. •

   administer their property, and

2. •

   carry into effect the provisions of the Will

The office of executor derives from the testator’s Will or other testamentary document. The grant of probate confirms the executor’s authority to act.

In practice an executor can only prove their entitlement by taking a grant of probate and this will often be required by banks and other institutions in order for the executor to be permitted to deal with the asset and collect it in.

The testator’s property vests in the executor from the date of death without any interval of time.

A testator may appoint:

1. •

   different executors for different parts of their estate

2. •

   certain people as executors of their property abroad and others of their property in the UK

3. •

   separate executors of real estate

4. •

   separate executors of literary estates

The High Court may grant probate or letters of administration in respect of any