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An executor is a person appointed by a will to act on behalf of the estate of the will-maker (the "testator") upon his or her death. An executor is the legal personal representative of a deceased person's estate. The appointment of an executor only becomes effective after the death of the testator.
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
The executors of the will can be beneficiaries, but the witnesses cannot. It also allows for the creation of holographic will, which is a will written entirely in the testator's handwriting and signed by the testator; no witnesses or formalities are required.Accordingly, there can be no affidavit of execution. As part of the probate application ...
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The Court of Queen's Bench of Manitoba 1870–1950: A Biographical History. Toronto: Osgoode Society for Canadian Legal History. McCullough, Sharon Gail. 2000. Manitoba Court of Queen's Bench in Equity, 1872–1895: A Study in Legal Administration and Records. Winnipeg, University of Manitoba. Smandych, Russell, and Karina Sacca. 1996.
An executor is a legal term referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will for probate, although it is not required that they fulfill this.
Equity Trust (Jersey) Ltd v Halabi (in his capacity as Executor of the Estate of the late Madam Intisar Nouri) (Jersey) [2022] UKPC 36 The Central Bank of Trinidad and Tobago v Maritime Life (Caribbean) Ltd (Trinidad and Tobago)
Where the executor dies intestate after probate without having completely administered the estate Where an administrator dies. In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted.