Abstract Personal representatives (executors and administrators) have been treated as and confused with trustees for centuries. While recent cases signify the shift towards recognition of the distinctive nature and functions of the two offices, a great deal of confusion and ambiguity remains. Why are they different? How exactly are they different? Are there clear criteria governing the distinction? When exactly does the ‘switch’ from a personal representative to a trustee occur, or can one be both at the same time? This article attempts to resolve these questions, set out the distinguishing criteria, and arrive at a clear and coherent doctrinal conclusion.
Grzegorz Gluszak (Fri,) studied this question.