Szabo & Associates News & Updates

An Executor is a person named in a Will of a deceased person with the lawful authority to administer the deceased's estate. Being asked to be an Executor by a friend or relative can feel gratifying and an honour even. However, in taking on the role, it is important to understand what it means, the issues that might be faced, and what to do about them. For example, feuds over inheritance are on the rise because of the increased value of estates and the complexities of modern families.  An Executor, who may also be a beneficiary, can be drawn into family dramas and conflicts of interest. Here are five essential things for a new Executor to consider.

The rule regarding “commorientes” is concerned with determining survivorship where two or more people have died in the same incident. If it cannot be determined who died first, then the younger should be presumed to have outlived the elder. This can lead to confusion over who is to get what of an inheritance.

Testamentary freedom is the freedom afforded to a person to decide who they want their property to go to when they die. But this discretion is not unconstrained and may be contestable. Over time, legislation has been introduced allowing a variety of persons to make a claim against the estate of the deceased, commonly referred to as “family provision claims”.