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Damian Lines TEP, Partner and Head of our Wills, Trusts and Probate department answers:
“It depends on whether you have made a Will.
Let’s look at what happens if there is no Will. In this case, the law (not you!) decides who inherits your assets. This might not be who you would expect, but whoever this is can apply to the Court for a grant of Letters of Administration to deal with your estate. If there is more than one person entitled, often none of them have any more right than another – just because one is older does not give them priority.
Where there is a Will, then the Will usually names either one or more executors. The executor has the first right to deal with the affairs of the deceased person. They can (but do not have to) be a solicitor. They can be family, friends; even a beneficiary can be an executor. However, there is a heavy burden placed on an executor and a personal responsibility to see the job through. It makes choosing an executor a very important choice.
I have a few points to consider when deciding who you want to act:
Often I am asked whether I can act as an executor. Yes, I can and often do if the circumstances mean that it is right.
The appointment of an executor is perhaps one of the most important aspects of Will-making, meaning that receiving expert advice is an absolute must.”
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