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  • Writer's pictureAngela Fallow

A Guide for Executors of an Estate

Has a loved one recently died and appointed you as the executor or beneficiary of their estate?

Often, when people prepare for death, they will leave a will, which may contain trusts, for the executor to use as an instruction manual to deal with the estate assets. However, the executor will also need an understanding of his or her personal liabilities, assistance to understand and administer the estate based on the will instructions, and assistance in dealing with the Superior Court of Justice and the Minister of Finance to understand and comply with the executor’s reporting and tax obligations.

The executor is granted legal authority to act in the last will of the deceased. But to be granted authority to deal with the financial institutions holding estate assets, or the Land Registry Office to sell real estate, the executor may need a grant of probate, properly called a Certificate of Appointment of Estate Trustee with a Will. Obtaining a Certificate of Appointment from the Superior Court of Justice can be a complex process that an experienced estates lawyer can help the executor to navigate.

The Certificate of Appointment of Estate Trustee with a Will is the process when the actual will (and any trusts created by the will) are certified as valid and authoritative by the Superior Court of Justice. Understanding and interpreting probate law can be a complicated procedure that often requires the assistance of an experienced legal team. At Fallow Estates Law, we are dedicated to providing thorough, accurate, and professional probate legal advice for executors as well as legal advice for beneficiaries. We understand that the death of a loved one can be a difficult time and we strive to work through the process providing legal expertise with compassion, understanding, and patience.

Legal fees and other estate administration expenses, reasonably incurred, are proper expenses of the estate, not of the executor personally. Yet not obtaining legal advice may lead to strife down the road. It is invaluable to consult and involve a legal professional throughout the estate administration journey.


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