Role of the Executor - Contested Will

The role of the executor, as a general rule, is to uphold the will and if necessary to defend the will.

If the executor is placed on notice that a claim for family provision will be made extra care needs to be exercised in deciding to make a distribution since personal liability can follow.

If the executor complied with the requirements under the succession legislation in terms of giving appropriate notice before making a distribution he/she may be protected.

An executor who wants advice about any entitlement to make a distribution before or in the face of a claim for family provision can contact us to discuss the facts of the case.

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.