An executor is the person appointed by the Will to administer the property of the testator. Failing to appoint one or more executors does not invalidate a Will; however, such an omission is inadvisable as it would result in a period after the death when no one is in control of the testator's estate and affairs. A testator may appoint any number of executors but probate will not be granted to more than four in respect of the same part of the deceased's estate.
When a client is considering appointing a solicitor or firm as executor(s) they must be provided with sufficient information to make an informed decision about the appointment and its related costs.
The court has power, if necessary, to remove a personal representative (PR) or all of the PRs and to appoint a person to act in their stead, either before or following the grant of representation.
Where a Will trust is to be created, it is, in general, convenient to appoint the same persons as both executors and trustees. The functions of executors and trustees are different...
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Contents of Wills-secret and half-secret trustsA secret or half-secret trust may be useful where a testator wishes to keep the identity of a beneficiary of a testamentary gift outside the text of their Will.Types of secret trustsThere are two kinds of secret trusts:•secret or fully secret
Revival of revoked WillsModes of revivalA testator who has revoked their Will either with or without making a new one may wish to revive the revoked Will. The testator may write out the revoked Will again and execute it in accordance with section 9 of the Wills Act 1837 (WA 1837) or take advantage
Contents of Wills—rules of apportionmentThe rules of apportionment should be considered at the moment of drafting the Will. Whenever a Will creates a trust, some rules of apportionment may be applied or excluded unless they have been dealt with expressly in the wording of the Will.Essentially, the
Conditional and dependent relative revocation of WillsIf a testator revokes the Will and that revocation is shown to be subject to a condition, the revocation is ineffective if the condition is not satisfied. Revocation will not be held to be conditional unless there is clear evidence what the
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