Someone dies, the Will is located and the named Estate Trustee says now what? Well, the Estate Trustee and or family of the deceased will in all likelihood make the necessary funeral arrangements and thereafter it is necessary to proceed with the winding up of the deceased’s affairs. Effectively, the Estate Trustee must pay the debts, taxes, funeral and testamentary expenses of the deceased, inventory, value, preserve and conserve the wealth of the deceased and distribute such wealth in accordance with the wishes of the deceased which are expressed in his or her will, hopefully clearly. The Estate Trustee ought to consult a solicitor knowledgeable in this area.
The role and duties of the solicitor and the role and duties of the Estate Trustee ought to be discussed early in the engagement and each ought to fulfill their roles accordingly. We would like to be of assistance to you in this regard.
Alternatively, someone dies and a beneficiary believes that some mischief ought to be addressed. Perhaps the mischief is that the Estate Trustee is not acting at all, or acting improperly. Perhaps the beneficiary disagrees with the interpretation of the provisions of the Will and wishes judicial clarification as to the Will’s meaning (or a part of the Will’s meaning) before the Estate Trustee continues in its administration. Again, the beneficiary ought to seek professional advice.
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