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Being an Executor or Administrator of a Will

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Do I require the consent of all beneficiaries to be appointed administrator of an estate? LocalSolicitors.com

To be appointed as an administrator of an estate do I require the consent of all the beneficiaries?

When a person makes a will, they determine who will be the executor and trustee(s). These roles come with specific responsibilities and duties and is a legal role that can result in liabilities and fines if not conducted properly. The following definitions act as a guideline to the role of executor and trustee.

 * Executor. The executor is responsible for putting the will into action. If a person is named as an executor, they are not obliged to undertake the role, but they are effectively given first refusal. Once a person accepts the responsibility, they become liable for what happens through their actions and decisions. The duties of an executor can include calculating the value of assets, completing tax returns, applying for a grant of probate and arranging the transfer of assets to beneficiaries. There can be multiple executors of a will, and each will have equal responsibility unless the will dictates otherwise.
 * Trustee. The trustee or trustees, as there can be multiples, are responsible for looking after the assets of the estate according to the terms of the will. An executor can act as a trustee too. Trustees are often charged with looking after assets and finances for children until they reach a certain age, often 18 or 21.

What does an executor and trustee of a will do?

 1. With regards to the property being left to her children if she dies, this would need to be put into a will
 2. With regards to the property being left in each other’s name should the marriage fail, this could potentially be put into a pre-nuptial agreement but there are issues as to whether these can be enforced

I am about to re marry. My future wife wants her property to remain in her ownership to be left to her children if she dies and I do too.

To be appointed as an administrator of an estate do I require the consent of all the beneficiaries?

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