The Trusts Act 2019 and wills are linked because the Act's default duties apply to executors and administrators of wills, unless the will explicitly excludes them. Essentially, executors of wills are acting as trustees when dealing with an estate, and therefore are subject to the same obligations under the Act as trustees. 

Executors as Trustees

When an executor is administering an estate, they are essentially acting as a trustee for the benefit of the beneficiaries of the will. This means they have a fiduciary duty to manage the estate assets for the beneficiaries' interests. 

Trusts Act 2019 Obligations

The Trusts Act 2019 outlines mandatory and default duties for trustees. Executors, acting as trustees, are subject to these duties, including the general duty of care, duties to invest prudently, avoid conflicts of interest, and act for the benefit of the beneficiaries. 

Default Duties

The default duties outlined in the Act apply unless the will explicitly excludes them. This means that executors generally need to act impartially, avoid conflicts of interest, and exercise their powers for a proper purpose. 

Modification of Default Duties

While the default duties generally apply, a will can modify or exclude certain of them. For example, the will might specify how assets should be invested or allocate specific responsibilities to the executor. 

Mandatory Duties

The mandatory duties under the Trusts Act 2019 are always applicable to executors, regardless of what the will says. These duties include knowing the terms of the will, acting in accordance with those terms, acting honestly and in good faith, and acting for the benefit of the beneficiaries.