ABSTRACT

The responsibility of administering a deceased person’s estate rests with his personal representative (pr).

Appointment by testator Express appointment: It is T’s prerogative to appoint executors in his will. The appointment may be absolute or it may be qualified by imposing various conditions or restrictions, eg that the executor:

• must fulfil certain criteria before assuming office;

• will cease to hold office on the happening of specified events;

• is a special executor appointed to administer certain assets;

• is a substitute who will be eligible to act only if some other executor is unable or unwilling to do so (see In the Goods ofBetts (1861) and In the Goods of Foster (1871)).