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Knowledge Centre - DIFC Wills

Limited Liability of executors in DIFC Wills

What is the limitation on liability of executors under the DIFC Wills and DIFC WPR Rules?

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Given that the appointment of executors is one of the most important features under the Wills registered with the DIFC Courts Wills Service (Wills Service), it is important to understand that the liability of the executors is limited under the DIFC Wills.

An executor’s liability in respect of liabilities of the deceased is limited to the estate which has (or would, but for his wilful default, have) come into his hands. In other words, an executor can only be personally held liable for his ‘wilful default’ and not otherwise. Hence, any persons offered to be appointed as executors by the testators may accept such appointment on the basis of this understanding.

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