TSEM6039 - Legal background to trusts & estates: appointing personal representatives

If there is a valid will, it names the personal representatives (known as executors).Naming executors in a will is merely an invitation to act. »Ê¹ÚÌåÓýappre is no obligation. If they accept, the executors are committed to the full duties of the office. »Ê¹ÚÌåÓýappse can be onerous.

If an executor declines the appointment (or is unable to act), the will may name an alternative executor. If it doesn’t, the courts appoint a personal representative (known as an administrator). »Ê¹ÚÌåÓýapp administrator obeys the terms of the will.

»Ê¹ÚÌåÓýapp female equivalent of an administrator is an administratrix.

No valid will

If there is no valid will, the courts appoint a personal representative (known as an administrator). »Ê¹ÚÌåÓýapp administrator obeys the rules in the laws of intestacy.

Personal representative is also a beneficiary

An individual acting as personal representative may also turn out to be a beneficiary. It is important to distinguish between the two capacities.