Steps To Protect Estate

How can the estate by safeguarded after the deceased's death?

From when the deceased dies at any point up until the appointment of an executor for the estate, the court can take appropriate steps to safeguard the estate or rights in it. It can do so on its own initiative or in reaction to an application from an interested party.

What is the point in appointing a temporary executor for the estate?

To safeguard the property and rights in the estate until a permanent executor is appointed.

What time period does the appointment of a temporary executor relate to?

The time between the deceased's death and the appointment of a permanent executor.

Is there any time limit on how long the temporary executor can function?

Yes. The length of his appointment should be stated in the order appointing him/her, but if it is not, then the maximum period is six months.

What are the conditions for the appointment of a temporary executor?

In order for the court to appoint a temporary executor it must be shown that if one is not appointed, there is likely to be damage to property or rights in the estate.

Can a temporary executor be appointed for just some of the property in the estate?

No! The appointment relates to the whole estate.

How can a husband guarantee that after his death his wife will divide out the money in his estate according to his will, and will not just empty all his bank accounts?

A testator who is worried about one heir or beneficiary ignoring the rights of other heirs/beneficiary and doing what he/she likes with the estate, can actually appoint a person to act as executor of the estate. This person is responsible for enforcing the will and for managing the estate.

Also, at any time after the deceased's death, before an executor is appointed for the estate, the court can take steps to protect the estate, or the rights of heirs/beneficiaries in it, including a delay in the division of estate property.

Can the court itself take direct steps to protect the inheritance or only indirectly, by appointing a temporary executor?

Yes, the court can take steps itself to protect the estate and rights in it, as well as appointing a temporary executor.

What is the status of actions taken by the executor of the estate before the court officially appointed him?

Provided the actions were for the good of the estate they will be legally valid even if they were done before the appointment was official.

Is there anything to stop a court granting a temporary executor very wide powers, akin almost to that of a permanent one?

No!

Does the temporary executor have powers to do things other than protecting the estate?

No!

Rather than applying to court?

Yes! Providing all those concerned agree, the Inheritance Registrar can appoint a

temporary executor himself, instead of the court.