Mitchel has been appointed by his brother, Michael as the Executor in his Will. Nevertheless, he thinks that he is not required to follow the distribution of the assets stated in the Will because it is unfair to some of the beneficiaries. Can he proceed so?


A Will is a document by which a person (called the Testator) appoints Executors to administer his estate after his death and directs the manner in which it is to be distributed to the beneficiaries he specifies. Therefore, the Executor must follow the content of the Will in distributing the assets to the Beneficiaries.

In the event Mitchel refused to carry out his duty as the Executor, then he must renounce his right as the Executor and the Beneficiaries may apply to the Court for Letter of Administration with Will Annexed to administer the estate of the Testator according to the content of the Will.

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