Testator: Executor of a Will and their role

A testator normally appoints an executor to administer his/her estate in the event of his/her death. Where the testator fails to appoint an executor, in this case, the court may appoint any person including friends and family who have petitioned the court to be executors.

Section 83 of the Law of Succession Act specifies and lists the duties that executors and can perform as follows:

(a) to provide and pay out of the estate of the deceased, the expenses of a reasonable funeral for him;

(b) to get in all free property of the deceased, including debts owing to him and money payable to his representatives because of his death;

(c) to pay, out of the estate of the deceased, all expenses of obtaining their grant of representation, and all other reasonable expenses of administration (including estate duty, if any);

(d) to ascertain and pay, out of the estate of the deceased, all his debts;

(e) within six months from the date of the grant, to produce to the court a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;

(g) to produce to the court, if required by the court, either of its motion or on the application of any interested party in the estate, a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings therewith up to the date of the account;

(h) to complete the administration of the estate in respect of all matters other than continuing trusts and if required by the court, either of its motion or on the application of any interested party in the estate, to produce to the court a full and accurate account of the completed administration.

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