Appointing An Executor In A Will

A testator of a will, namely the person who makes the will, shall appoint an executor to execute or carry out the intentions of a testator with respect to his property or other matters upon his death. The duties and responsibilities of an executor shall come into play upon the death of testator of a will in which he is named as the executor.
 
Upon the death of the testator, the executor needs to locate the will of the testator, apply to the court for a grant of probate, collect the assets, paying off your liabilities, distributing the assets according to the will and prepare a statement of account after distribution. In short, an executor takes up the role of a trustee holding the assets on trust for the beneficiaries until the assets are fully distributed. Executors are subject to the rights and responsibilities as provided under the Trustees Act 1949.
 
A testator may appoint up to four (4) executors at one time to jointly administer his estate upon his death. An executor does not have to be an individual as a trust company can also be appointed as an executor. Where a beneficiary named in a will is a minor, at least two executors need to be appointed as required under Section 4(2) of the Probate and Administration Act 1959.

A will needs to be signed and witnessed before two witnesses who are not the beneficiary or spouse of the beneficiary. As to whether a will can be witnessed by an executor of the same will, there is nothing to stop an executor from witnessing the signing of a will under Section 11 of the Wills Act 1959. However, where the executor is also the beneficiary, then the executor may not witness the signing of that will. Therefore, it is always advisable that the two witnesses shall not be beneficiary or executor of the same will.

Disclaimer: Halim Hong & Quek