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Personal Representative

The person who administers the estate of a deceased person as executor or Court-appointed administrator.

There are two kinds of personal representatives.

Where a person dies without a will, the court must appoint an administrator.

Where a personal representative is named in a will, the personal representative is known as an executor.

In both cases, the personal representative is taken by the law as being a trustee for all the beneficiaries-in-waiting, with all the attendant responsabilities that designation entails.

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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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