Each year, hundreds of persons, or even thousands, sit to make that important decision of drafting their last will and testament. For some people it marks the beginning of the end but to so many others it is just another process in life's journey, just in case.
In the making of a will, one of the important considerations for the testator, who is the person making the will, is the appointment of one or more persons to be the executor of his will. Persons making a will may be inclined to appoint their close friends, adult children or even their local justices of the peace or pastor to this important role. However, much thought should always be given to this important role so that the 'right' person is appointed.
Generally, the role of the executor is to probate the will, protect the estate of the deceased and to distribute the estate according to the wishes of the testator. There have been occasions when the executor is pulled into action immediately after the death of the testator in order to determine the date and place of the funeral when family members are unwilling to agree. This could lead to action in court.
Very vigilant
The executor is also required to take the will to an attorney-at-law and instruct him or her to prepare the necessary documents to have the will probated. In addition, the executor must be very vigilant to be able to secure the entire estate of the Testator. It might be necessary for him to collect rent, terminate contracts and even to renew contracts. He may have to appoint agents, some of whom might be professionals to assist him. In all of this he must be strong enough to act in the best interest of the estate, and this is sometimes opposed by some of the beneficiaries and other persons of influence in the family.
In light of the above, it is important that care be taken to ensure that the 'right' person is appointed as executor. He must be able to find the time to do all the things mentioned above, and more, if required. As a result, it cannot just be any old friend, an adult child, the pastor or justice of the peace.
It is also important that those persons who made their wills many years ago, review them to ensure that the persons appointed as executors are still able to do what the role demands. An option available to testator pursuant to section 17 of the administrator-general act is to appoint the administrator general the sole executor of his will. The said Act does not provide for the administrator-general to act with anyone else. Also, it is well known that there are other institutions that provide this service and those institutions can also be appointed.
Of course, these options should be the subject of discussion with your attorney-at-law or advisor as you could have unintended consequences if much care is not applied in the appointment of the executor. As it is often said, a word to the wise is sufficient.
Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com
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