103 Do you want to be an executor and trustee?

DO YOU WANT TO BE AN EXECUTOR AND TRUSTEE?	你要成为财产执行人与托管人吗？
Regarding the case of my client who passed away end last year, I am now deeply sympathize with his wife. He left behind his wife and two very young children. Luckily, he had written a Will to bequeath his assets to them.	对于一位去年尾过世的一位顾客，我深深的同情遗孀。他留下太太跟两个很小的孩子。还好他立好遗嘱把财产留给她们。
She engaged a lawyer to apply for Grant of Probate (GP). After 3 months of hard work, she finally got the GP. The lawyer told her to start collecting assets from banks, investment companies etc.	为妻的聘用律师申请遗嘱认证。经过3个月的折腾，终于领到手了。律师吩咐可以开始去银行、投资公司等收集财产。
I sympathize her because she had a problem now - the Will named 3 persons as joint Executors and Trustees. The 3 persons are her goodself, late husband's sister in law and the Will writer (an outsider). This means these 3 persons has to open a joint account to collect movable assets, to receive immovable assets in 3 names, to go to various places to collect assets, and to manage the relevant portions of assets until the children attain specified age qualified to receive them.	我同情她是因为现在她面对一个问题，就是遗嘱委任3个人执行人，她们是妻子、先生的嫂子以及缮写遗嘱的代理员(外人)。这表示三个人必须三人行，一起去银行开联名户头以收取流动资产，以联名方式收取不动产，一起去不同地方收集资产，并一起管理资产直到小孩可以领取资产的岁数。
She is very upset because her sister's in law has no time to run around to do those things. Seems like the agent also did not follow her to do the GP application and other tasks. She complains that after 3 months of works, she still can't receive the assets smoothly. Now she has to gather 3 persons to do things together.	她很烦恼因为她的嫂子没有时间跟着跑上跑下处理这些事物。看起来，还代理员也没有陪着处理申请遗嘱认证以及其他事宜。她投诉说经过3个月的等待仍然不能顺利的收到财产。现在反而需要聚集3个人做事。
This is a big reminder to me - never complicate client's Will. I am also seriously thinking should clients choose trustee company as Executor and Trustee. The very reason client doesn't do so is simply because of cost. By looking at the ordeals the survivors has to deal with, is the money saved worth it?	这对我是当头棒喝，千千万万不要搞砸顾客的遗嘱。我甚至思想顾客是否应该聘用信托公司来成为资产执行人和信托人。顾客不愿如此做的最主要原因皆因要省钱。但看到遗孀的辛苦，那些钱是否该省呢？
In this case, the wife has to take care of the family singlehandedly. She is a foreigner, young, not working, has to take care of 2 young children and maybe worried about her future. To be able to claim her late husband's assets smoothly and promptly should be a big relief. She has to focus on her family's future.	这个个案中，妻子得独自撑起整个家。她是外籍人士、年轻、无业、要照顾两个小孩而且可能正担心未来的生活。对于她来讲，能顺利的索取遗产将是放下心头大石。她就可以专注于未来。
What can be done better?	如果改进？
IMHO, the Will is poorly done. Let's look at what can be done better.	愚见认为，该份遗嘱规划得不够完善。我们一起来看看如何可以做得更好。
Executors and Trustees	执行人和信托人
Testator (person who made a Will) has to choose, carefully, the Executors and Trustees by looking at their relationship, capability and willingness. It is not enough just to choose a person he trusts.	立遗嘱者应该仔细选择执行人和托管人，这包括关系, 能力和意愿。单单凭信任而选择一个人是不够的。。
Relationship refers to how close the named Executors and Trustees and the rest of family members. It feels weird if an outsider is named as such unless he is of such high prestige like a lawyer or trustee company. Testator has to take note all assets will be transferred to Executors, hold on trust by Trustee for minors, before transferring to ultimate beneficiaries. Along the way, many discussions could be hold to settle minor minor issues. So, he must has utmost faith the Executors and Trustees will perform honestly and faithfully, and interact freely with all family members.	关系是指执行人和信托人与家人之间有多亲近。如果是一个外人来成为信托人，感觉会很奇怪。除非它是信誉良好的律师行或信托公司。立遗嘱者当晓得全部财产将转到执行人名下，由信托人代表托管未足龄受益人的份，才会转到受益人名下。这段期间可能会有很多的小会议来解决细节问题。所以，立遗嘱者要绝对相信执行人和托管人的诚信，并有能力与家人沟通。
Capability refers to many skills required to communicate, negotiate, call in assets, pay off debts & taxes, do accounting and ultimate transferred of assets etc. This may involve getting info and filling up forms of various private institutions and government departments. So, proficiency in languages are needed.	能力是指一些沟通、协商、收集财产，付还债务及税务、做帐和最终转移资产给受益人时的所有事物。当中可能包括收集资料、填写银行及政府部门的各类表格。所以，也需要语言能力。
Willingness refers to the willingness of named persons to spend time and efforts to go to different private institutions and government departments. Be prepared one task may require multiple visits probably due to incomplete documents or any unforeseen situations. Almost all activities need to be done during office hour.	意愿是指个人是否愿意花时间去各个公司和政府部门。一件事物可能需要多次往返，因为一定会出现文件不足之类的突发状况。而且多数事物要在办公时间处理。
In this case, how can he be sure of all those criteria can be met? Apparently, he has to brief his wife, his sister in law and will writer that 3 of them shall act in togetherness, the jobs and duties, the possible inconvenience going to cause, and getting their consent.	个案中，他如何才能确保全部做得到？他只好告诉妻子、嫂子和代理员全部3人必须一起行事、工作的职责范围、其中的不便，并得到他们同意。
If testator can't find a suitable person or he wish to spare his family of the all the tedious works, he can always appoints a corporate trustee company as his Executor and Trustee. Corporate trustee company will be able to act professionally and independently to discharge their duties. This is because they are paid, they have resources, and they know the procedures well.	若是他不能找到合适的人抑或他不想家里人为此而烦，他可以选信托公司来成为执行人和信托人。信托公司能够专业的和独立的执行任务。因为他们是收费服务的，有足够的支援以及熟悉当中的所有程序。
Beneficiaries	受益人
A married testator may and should rightly bequeath his assets to his family members. He has to consider whether to include his minor children in. Minors cannot receive the assets until attaining the age of majority (18 or 21). During this period, his shares will be held by trustee. He may not want to include minors beneficiaries because his wife may need all resources to feed the whole family. If she is out of resources, she may have to look for job.	已婚立遗嘱者可以也应该把财产馈赠给家人。他也应当考虑是否要馈赠给未成年子女。因那段期间，他们的份会由信托人掌管。若是妻子必须用到全部财产来维持家庭开销，可能不牵涉未成年子女会比较好。若是资源不足，妻子可能就得另寻工作了。
For immovable assets like houses and lands, it is not practical to include minors. The properties will not be able to be sold before all children reach age of majority.	对于不动产去房子和地产，分配给孩子也显得有点儿不切实际。因为那些产业在子女成年前都不能出售。
Testamentary Trust	遗嘱信托
Testator should have set up a testamentary trust if he wishes to named minor as beneficiaries. Like said before, minors can receive their portion once they reach age of majority. Testator has to think can a young chap be able to manage large sum of money. Most of time we are worried they may be influenced by peers to spend the money unwisely.	立遗嘱者理应在决定加入未成年子女的份额后设计遗嘱信托。如前所述，他们会在成年后得到资产。立遗嘱者是否愿意让一个少年人管理一大笔钱。很多时候我们会担心他们容易被损友误导而乱花钱。
By setting up a testamentary trust, testator control what age his children can receive the money. Their portion will be hold on trust by trustee. Before reaching determined age, they can access the money for daily, education and medical expenses.	通过设计资产信托，立遗嘱者可以决定几岁才可以领取资产。在达到该年龄前，他们只能领钱作为日常、教育以及医疗费用。
Ending	结尾
I know many people are still ignorant of estate planning issues. Many do not know what to do when family member passed on. I will meet an experienced lawyer in this area. Hopefully, we can work together to help more people.	我知道有很多人对于遗产规划还是一知半解。很多人遇到家人离世也是茫无头绪。我将会约见一位这方面的资深律师。希望将来我们可以帮助更多人。
If you have enquiries or feedback, pls email to me at sateo7689@yahoo.com	如果您有询问或赐教，请电邮至sateo7689@yahoo.com。
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