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Administration of estates ” executor ” appointment of ” who may be appointed ” spouse of deceased person preferred ” potential bias on part of executor ” when may be a ground for setting aside appointment
Section 26 of the Administration of Deceased Estates Act [Chapter 6:07] states that the surviving spouse is to be preferred where there is competition for the appointment of an executor. The Act, in spite of the obvious interest potentially prejudicial to the interests of the other beneficiaries, recognizes the unique position of spouses in respect of their joint estates and purposely prefers the spouse ahead of others. Potential bias by the executor is not a ground for the setting aside of an appointment unless it is demonstrably clear that due to such bias the executor is completely incompetent or unable to discharge her duties as an executor. The section even allows for the appointment of a creditor as executor. Had potential bias been ranked as such, then the Act would not have included this class of persons in the category of people from which executors may be appointed.
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