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• Islamic and Customary Laws
• Estate Legalese (Terms)
• Wills

WHAT ARE THE DUTIES OF AN EXECUTOR AFTER MY DEATH ?

When you appoint an executor, you should also inform your family members of such appointment so that your executor will be informed accordingly by your family members upon your death. This will avoid the delay in the administration of your estate.

Your executor will locate the will and apply to court for a Grant of Probate as soon as you pass away.

Where the funeral arrangements have been done, your family members can seek for reimbursement.

Your may not have included all your assets in your will and your executor will have to write to financial institution and government departments before determining the actual value of your estate. You should prepare an assets inventory listing all your assets.

Your executor has the power by virtue of your will to act even before the Grant of Probate is issued. For example, your executor may pay or release debts and transfer property or assets according to the will after the actual value of your estate is being determined.

Once the Grant of Probate is issued, the will becomes a public document. The original will is retained by the court.

Your executor will be given a copy of the will together with the Grant of Probate.

All your property and assets will be passed to your executor, who will have the responsibility of administering and distributing the estate according to your will.

However, your debts, liabilities, funeral, testamentary and administration expenses will have to be paid before the distribution of assets to the beneficiaries. Where you have large estate, your executor should advertise in the Government Gazette or leading newspaper for a certain period of time for creditors to submit claims within 2 months.

Your executor will then prepare and submit and account of your estate to your beneficiaries before distributing the estate.

Where there are minor beneficiaries, the administration shall be granted whether to a trust corporation or to not less than two individuals.

WHAT HAPPENS IF ONE OF MY SEVERAL EXECUTORS PASSES AWAY ?

Where the probate of will and administration has been granted to more than 1 executor or administrator and one of them dies, the representation of the estate shall accrue to the surviving executors or administrators, where the beneficiary is a minor child.