Role of Executor

What are the duties of the executor of the estate?

To receive the property belonging to the estate, to manage it, pay off debts and divide what is left amongst the heirs and to do anything else necessary to carry out the Inheritance or Probate Order.

Can the executor of the estate ignore the existence of a specific property belonging to the estate?

No! He/she must act to receive all the property belonging to the estate.

Can an executor of the estate go back on an undertaking made by the deceased in his lifetime to give a gift?

No! The executor has no discretion to cancel an personal undertaking of the deceased during his lifetime.

How long does the executor of the estate have to divide the property amongst the heirs?

The only reference made in the law is that the estate should be divided within a "reasonable time".

Is the executor of the estate bound by an agreement made by the heirs concerning how the deceased's property should be divided?

No! Every act of the heirs must be approved by the executor of the estate, so that while he was not party to the agreement, he is not obliged by it.

Does an executor appointed in a will only have powers in relation to estate property specifically mentioned in it?

No! An executor appointed by the testator in a will is responsible for attending to the whole estate, and not just property expressly mentioned .

Is the executor of an estate regarded as the agent of the heirs?

No! The executor of the estate is considered the heirs' trustee, not their agent, whose powers are granted by court.

Does a testator who appoints an executor for his estate in his will have to list the executor's tasks and duties in the will?

No! These tasks and duties are listed in the Inheritance Act of 1965 and there is no need for the testator to detail them in his will.

Can the executor of the estate take action against an heir who takes control of estate property without permission?

Yes, he is entitled to take any action in the estate's favour in this context.

Can an executor sue an heir who takes property belonging to the estate without permission?

Certainly, as the executor has powers to do anything in the estate's good, and this includes bringing legal action against an heir who acted against it.

Are there any regulations governing documents and correspondence which the executor of the estate sends?

Yes, he must state on them that he is the executor of the estate .

What must the executor do when money belonging to the estate arrives?

Firstly, he must open a separate bank account for the management of money belonging to the estate, and any sums arriving must be deposited there. In addition, an an accurate record of any income and expenses relating to the estate must be made.

Must the executor respect the testator's wishes and follow his instructions?

Yes, he must do what the testator instructed .

Can the executor divide estate property before the debts are paid off?

No! All estate debts must be paid before he can divide estate property.

Does the testator have to give details of the executor's role when he gives instructions for the appointment of one in his will?

No – the Inheritance Act of 1965 lays down the executor's role and duties, so this is unnecessary.

Can the heirs sue the executor of the estate for negligence or breach of duty towards the estate?

Yes!

What happens when someone who owed the deceased money refuses to settle the debts?

The executor of the estate can apply to court for an order obliging him to pay the debt to the estate.