ESTATES

When a person dies, someone must look after their estate. A person who is authorized to deal with a persons property during a persons lifetime is no longer entitled to do so.

If a deceased person has left a Will and named an Executor, the Executor will carry out his or her duties according to the Will and the law. The Court can appoint an Administrator to handle the estate if no Will exists, or if an Executor was not named or is unable to act. If the deceased person did not have a Will, their property will be divided according to The Intestate Succession Act.

An Executors or an Administrators duties include:

• Gathering together the assets of the estate;
• Paying the debts of the deceased and the estate;
• Distributing the estate according to the Will and the law; and
• Accounting for the distribution of the estate.

The lawyers at Francis & Company can assist Executors and Administrators through the Court process to avoid legal problems and personal liability.