Estate Administration Tips & Traps
EXECUTORS v ADMINISTRATORS
An Executor is the person or persons named in a Will to carry out the deceased’s wishes. They might be the ‘instituted Executor’ (first named) or ‘the substituted Executor’ (the alternate).
If there is no Will, or no Executor named or willing and able to act, then the person who is responsible for the Estate Administration is called the Administrator.
An Executor seeks a Grant of Probate. An Administrator would seek a Grant of Letters of Administration, either on intestacy or with the Will (cum testamento annexo or cta – with the will annexed).
In essence, Executors are appointed by the will-maker. Administrators are appointed by the Court.
An Executor and Administrator are both ‘personal representatives’