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Review Your SQE 1 Practice Records

Examination Timing: 00H03M51S

Mr. Clark appointed his friend, David, as the executor of his will. After Mr. Clark’s death, David is unable to act due to health reasons. What should be done to ensure Mr. Clark’s estate is properly administered?

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If the appointed executor is unable to act, the court can appoint a new executor. This process ensures that the estate is properly administered according to the testator’s wishes and legal requirements. The beneficiaries do not have the authority to appoint an executor, and there is no automatic transfer of the role to a family member or next of kin.

Key Point: When an appointed executor cannot act, the court has the authority to appoint an alternative executor to ensure the proper administration of the estate.

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