§ 35. Sir W. Bromley-Davenportasked the Attorney-General if he will take steps to give greater publicity to the position and duties of an executor of a will, especially in regard to the debt position of the deceased, in view of the fact that many people agree to become an executor with little knowledge of what is entailed and later find themselves subject to legal proceedings, and liable to fines.
§ The Attorney-General (Sir Elwyn Jones)A person who agrees to act as executor of a will acquires rights and assumes obligations which are enforceable in the courts, and in case of any difficulty would be well advised to consult a solicitor—[Laughter.]—I have no vested interest in that advice. It would not be appropriate for me to give any general guidance on matters of this kind, but I hope that the hon. and gallant Member's Question and my Answer will have drawn attention to the legal consequences of appointment as executor.
§ Sir W. Bromley-DavenportIs the right hon. and learned Gentleman aware of a case in my constituency where a person acting as an executor to a relative was heavily fined because all the regulations were not fully complied with? As these regulations are so complicated, would it not be possible to attach to wills some form of instruction for executors warning them of their responsibilities and the results of not complying with the regulations?
§ The Attorney-GeneralI shall certainly give serious consideration to that suggestion. I am aware of the case to which the hon. and gallant Member referred, but it underlines the very great importance of advertising for creditors before distributing the assets of the estate.
§ Mr. Hector HughesIs not it already the law of the land that a person who without his knowledge and unwillingly is appointed an executor can refuse to act on learning of his appointment?
§ The Attorney-GeneralThat is quite accurate and I am grateful for the learning of my hon. and learned Friend.
§ Sir W. Bromley-DavenportWhile I appreciate the reply which the right hon. and learned Gentleman gave, is it not clear that mistakes of this sort can be made by someone who simply does not understand the regulations? It is easy to say what the hon. and learned Member for Aberdeen, North (Mr. Hector Hughes) said, that people can refuse to act, but, the object of the exercise should be to try to make things easy for executors and to protect them.
§ The Attorney-GeneralI am sure that the hon. and gallant Member's Question and the publicity it will undoubtedly receive will have been of some assistance in this difficult field. The doctrine that ignorance of the law is no excuse is, I know, a very difficult doctrine.