Choosing the Right Executor for Your Will

Kimi Shah, Managing Associate and the Wills and Estate team discuss 

Choosing the Right Executor for Your Will

Selecting the right executor is one of the most important decisions you will make when preparing your Will. The executor is the person who manages your estate after you pass away and ensures that your wishes are carried out. A thoughtful choice can make the process far easier for your loved ones.

Many people feel unsure about this decision. They worry about the heavy responsibilities involved and the pressure it might place on family members during a difficult time. It is also common to consider naming all children as executors to avoid the appearance of favouritism. These concerns are understandable, and there are practical ways to address them.

Understanding the Executor’s Role

An executor is the person or organisation legally appointed to manage your estate. Their tasks include collecting and valuing your assets, paying debts and taxes, and distributing the remaining estate according to your will. They also apply for probate, which gives them legal authority to act, and communicate with beneficiaries, banks, government agencies, and professionals such as lawyers and accountants.

This work can be detailed and time-consuming. Large or complex estates can take many months, or even years, to finalise. Family dynamics or multiple beneficiaries can make the process more demanding.

Why the Right Choice Matters

A capable executor helps ensure your estate is administered smoothly, deadlines are met, and disputes are avoided. It is common to appoint only one or two executors such as a spouse, adult child, or sibling. However, you can name up to four. If more than one executor is chosen, they must make decisions together, so it is essential that they can work cooperatively.

Over time, you may need to update your choice. Someone who was suitable when you first made your will might later be too elderly, unwell, or unavailable.

What to Look For

An effective executor is trustworthy, organised, and comfortable managing finances. They should be able to stay calm and neutral if disagreements arise, act fairly, and communicate clearly with beneficiaries. Good health and the likelihood of outliving the main beneficiaries are also important.

When deciding on your executor, ask yourself these questions:

• Are they trustworthy and able to manage money responsibly?
• Are they able to manage timelines and deadlines to ensure the estate is settled without unnecessary delays?
• Are they available to devote the time required to administer your estate?
• Are they willing to consult with your family and remain neutral in the event of a dispute?
• Are they capable of acting impartially and fairly, respecting your wishes without bias or personal agendas?
• Are they able to efficiently navigate the legal and financial complexities of estate administration?
• Are they prepared to seek independent legal and financial advice when necessary?

Before you decide, speak to the person you have in mind. Executors can decline the role, so confirm they are willing and understand what will be required of them before you appoint them.

Balancing Fairness and Practicality

Many parents want to appoint all their children to avoid hurt feelings. While understandable, having several executors can cause delays or disagreements, as all decisions must be made jointly. Sometimes, choosing the one or two people best suited to the task is the fairest option for everyone.

Considering a Professional Executor

If you are concerned about placing a burden on family members, you may appoint a professional executor such as a lawyer, accountant, or trustee company. Professional executors offer several benefits:

Expertise and Experience: They are familiar with estate administration and probate processes. Their expertise reduces the risk of errors or missed deadlines.

Impartiality: Professionals act without personal bias, helping to prevent family disputes or perceived unfairness.

Reduced Burden on Family: With a professional managing the estate, family members can focus on grieving and healing rather than administrative duties.

Efficient Administration: Professionals can often administer estates faster due to their resources and knowledge.

However, they do charge fees that are paid from the estate, but many families find the peace of mind worth the cost.

A popular solution is to name both a family member and a professional. The professional can handle legal and financial details while the family member provides personal insight and maintains communication with beneficiaries.

Keep Your Plans Up to Date

Life changes – marriage, divorce, new children, or the death of an appointed executor, can all affect your choice. Review your Will regularly to ensure your executor remains the best person for the job.

Final Thoughts

Choosing an executor is about more than naming someone you trust. It is about ensuring your estate is managed efficiently and your loved ones are spared unnecessary stress or conflict. Whether you select a family member, a professional, or a combination of both, making an informed choice and reviewing it over time is one of the most caring steps you can take for those you leave behind.

 

*This information serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.

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