Duties of Executors under DIFC WPR Rules

What are the duties of the executors under DIFC Wills?

The duties of the executors appointed under the DIFC Wills are set out in the DIFC Wills & Probate Registry Rules (DIFC WPR Rules).

Any person over the age of 21 years can be appointed as an executor by the person registering his Will (Testator) under the DIFC WPR Rules.

The executors appointed under the DIFC Wills are under a duty to:

(a) collect and obtain control of the estate and administer it according to the DIFC Will, the DIFC WPR Rules and the laws of the DIFC;

(b) preserve, protect and manage the estate;

(c) act with care and complete good faith;

(d) administer the estate for the benefit of those interested in it;

(e) when required to do so by the DIFC Court, provide an inventory and an account;

(f) when required to do so by the DIFC Court, value the estate;

(g) ascertain the debts and liabilities of the deceased;

(h) pay all expenses, debts and other liabilities as are properly payable;

(i) distribute the remainder of the estate to the beneficiaries;

(j) keep accurate accounts and records of the administration of the estate;

(k) keep the estate separate from their personal property and any other property held in a different capacity;

(l) not directly or indirectly profit from their office, unless authorised to do so by the DIFC Will, the DIFC Court or the beneficiaries;

(m) not enter into any transaction affected by (or otherwise place themselves in a position where there is) a conflict between his duty to the beneficiaries and creditors and his personal or other interests, unless authorised to do so by the DIFC Will, the DIFC Court or the beneficiaries;

(n) in appropriate cases, seek the DIFC Court’s directions as regards matters arising in the administration;

(o) when required to do so by the DIFC Court, deliver the Grant to the DIFC Court; and

(p) take reasonable steps to notify the beneficiaries of their interests.