Island Life Magazine Ltd April/May 2009 | Page 22

life PROPERTY Duties of an executor in a Will Very often executors are appointed to a Will without any reference to the individual by the person making the Will. You should always check that in appointing an executor to your Will that the consent is first obtained from the person or persons you wish to appoint, just in case they do not wish to take on the responsibility and obligation of the appointment. The statutory powers and duties of an executor, who becomes the personal representative of the deceased following death, are in part contained in the Administration of Estates Act 1925 (as amended). Prior to the coming into force of the Trustee Act 2000 on the 1st February 2001 many of the powers of personal representatives were set out in the Trustee Act 1925 and were somewhat limited. In essence an executor so appointed under a Will is responsible for, where necessary, seeing that the funeral arrangements are all properly undertaken and any directions of the deceased as to the disposal of the body following death. The executor is also responsible for securing Probate to the Will from the Court of the deceased and once obtained for calling in the assets of the estate and distributing them pursuant to the terms of the Will. An executor may also be required to undertake a trustee appointment unless otherwise specifically provided for in the Will. For instance if a legacy was left to a minor then the monies would have to be held in Trust for the minor until the age of majority is reached or at such other age beyond this date that may be specifically stated in the Will. Therefore it should be considered carefully that where Trusts have to be set up that either separate trustees are appointed for this purpose within the Will, or the executor is made fully aware of his or her obligations in this regard. Often individuals appoint professional persons as executors and trustees, such as Bank Trustee Departments, Lawyers and Accountants, subject to their charges being dealt with during the administration of the estate and to avoid a personal liability that would certainly arise upon an individual if he or she failed to discharge their duties imposed upon them in the capacity of being an executor or trustee. It is very worthwhile to Photo: Mark & Terence Willey consider the appointment of any executor to your Will before completing it whether they are to take on any Trustee duties that may arise under the terms of your Will. Often a legacy is considered appropriate for the person accepting this responsibility if they are not otherwise provided for in the Will. If you would like to discuss any aspect of the preparation and completion of your Will or generally the appointment of executors and trustees in a new Will or an existing Will, please do not hesitate to contact either Mark Willey or Terence Willey who will be prepared to discuss this with you without obligation, in the first instance. Contact Terence Willey on (01983) 875859 or Mark Willey on (01983) 611888 without obligation. Terence Willey & Co Tel: 01983 611888 www.terencewilley.co.uk 22 The Island's most loved magazine