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WHAT IS A PROBATE ?

A probate means a grant under the seal of the Court authorizing the executor or executors named in a will to administer the testator's estate.

A probate shall not be granted to more than 4 persons in regard to the same property.

WHO SHOULD I APPOINT AS AN EXECUTOR ?

There are certain issues you should look into when appointing an executor :

  • an executor should be at least 21 years old.
  • an executor should be willing and have the capability to act. Thus you should obtain the consent from the person you wish to appoint or appoint substitute executors.
  • an executor should be trustworthy as he or she has the right to administer your estate and there are possibilities of misappropriating your assets of the estate.
  • where your estate is large and includes shareholdings for example, you should consider appointing an executor with financial and management skills. Your executor may have to give direction to invest and whether to continue the business.

You can appoint several executors but probate may be granted to them all simultaneously or at different times.

WHAT HAPPENS IF MY EXECUTOR RENOUNCES THE PROBATE OF MY WILL ?

Your executor, even though entitled to representation, has the right to renounce his or her right to the probate of your will and administration.

The Court may permit the renunciation at any time if it is shown that the withdrawal is for the benefit of the estate or of those interested under the will or intestacy.

Where a person appointed executor by a will renounces the probate of the will and administration or cited to take out probate of the will but does not appear to the citation, the rights of such person in respect of the executorship shall wholly cease and the representation and administration of your estate shall be devolve and be committed in like manner as if you had not appoint executor.

Renunciation can be made orally by your executor on the hearing of any petition or probate action, or in writing signed by your executor and attested by an advocate or by any person before whom an affidavit may be sworn.



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