Testator's Instructions to Executor

What is the position when the deceased made a will and stated in it that a particular person should enforce the will and manage the estate?

The Inheritance Registrar or Court will appoint that person as executor of the estate, unless he/she is unable to take on the appointment, or does not consent to or special reasons are found for not appointing him/her.

Can a court appoint someone as executor of the estate, according to the testator's wishes in his will, even though some of the heirs object?

Yes! Objections to the appointment by the heirs is not a reason for the court not appointing the person the testator wished to be executor of his estate. Only special reasons like conflict of interests will result in the court not appointing the person the testator wished.

From what time is the executor of the estate entitled to fees for his work concerning the estate?

From the time he is appointed by court order. Until then any work undertaken arising from the appointment in the deceased's will does not entitle him/her to renumeration.

Can a person whom the deceased appointed as executor of his estate in his will , and who later became his guardian , be eligible for appointment by the court as executor of the estate?

Yes! Unless the court suspects that the deceased appointed him because he was dependent on him/her.

Is the person the testator named in his /her will bound to be appointed by the court?

Not necessarily. If the court does not regard there is justification for the appointment of an executor it will not appoint one at all. Even if it decides to appoint an executor for the estate, if the person named by the testator does not consent , there are special reasons for not appointing him, he will not be appointed .

Must the court follow the instructions left by the testator regarding his estate?

Yes! If the testator gave particular instructions on a matter but the court can digress from the instructions for special reasons.

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.