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Executor

A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed").

An executor holds his/her office as a trustee to the beneficiaries of the estate, and thus he/she is held to fiduciary duties.

In Williams on Wills, Volume 1, The Law of Wills, 8th Edition (London: Butterworths, 2002), page 225, author Sherrin, C. and others write:

"An executor is the person appointed by the will to administer the property of the testator and to carry into effect the provisions of the will.

"The ordinary method of appointing an executor is for the testator to name in his will a specific person to be his executor."

An executor is a personal representative.

A female executor is called an executrix.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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