Choosing a Will Executor

An executor's role is to make sure that the requests that you have left in your will are carried out. When you have named someone as your executor in your will, they have the rights to collate all the relevant documentation relating to your estate which they submit to the government probate registry. Once probate has been granted they will then action all the requests related to administering your estate, which you have left in your will which includes getting in touch with organisations affected by the passing, making sure that all taxes and outstanding debts are paid as well as ensuring the recipients of the will receive what is stated. In cases where the property of the deceased is to be sold, the executor's duties will include deciding when the best time to sell the property is to ensure the best-selling price. It’s vital that the executor is completely aware of exactly what needs to be done in the event of your death as the process can be a long one, even with all the instructions clearly laid out.

Legally, you are not required to appoint an executor in your will, but someone will need to administer your estate. If no executor is named, or if no one is willing to act, the court will appoint an administrator (also known as an intestate administrator). In such cases, the government’s Public Trustee may step in to manage the estate.

It is strongly recommended to name at least one executor to avoid delays and ensure that your estate is managed according to your wishes.

Almost anyone over the age of 18 can be appointed as an executor, including a family member, friend, solicitor, or professional executor. You may also appoint more than one executor, including solicitors up to a maximum of four, who can share responsibilities or divide specific tasks.

It’s also possible for a beneficiary of the will to act as an executor. In fact, this is quite common. However, it’s important to choose carefully based on who you trust and who is capable of handling potentially time-consuming and sensitive duties, as they will be responsible for taking on a significant responsibility.

When choosing an executor, look for someone you trust to handle your affairs responsibly, communicate clearly with family members, and stay organised through what can be a lengthy legal process. They should be over 18 and ideally have some basic understanding of financial matters, although professional support can be hired to assist. Consider their emotional capacity too, especially during a difficult time; some people may find it too overwhelming to manage an estate while grieving. You may also want to choose someone who lives nearby or is familiar with your personal and financial affairs, along with other executors which can make the administration process more efficient.

Exactly who you decide to carry on your requests after your death is entirely up to you with the only stipulation being that they have to be 18 or over. There are no rules against naming a beneficiary as your executor so it can be someone named on your will. The more pressing question is who exactly would make a good executor when it comes to selecting someone there are generally two choices:

A Family Member or Close Friend

The most logical choice may seem to be to choose someone close to you and therefore trust to carry out your wishes with the best intentions. This normally means either a spouse, a close friend or family member. When making this kind of selection, it’s important to take into account whether or not the selected person is going to be up to the task as it can be a complicated and drawn-out process. It’s also worth considering that by naming someone very close to you to carry out your wishes, it can place an enormous emotional burden upon them which is why some people choose to go for a neutral party in order to enact their will.

A Professional

Many people will choose to name a professional such as a solicitor or accountant as their executor who although may not have been as close as a family member or friend, will be well trained on how to best deal with the process. If the financial part of your will is fairly complex, then this might be a good idea as leaving someone with little or no training on how to deal with this could prove laborious and counterproductive. Another benefit of naming a professional is that they will in the most part act in an unbiased manner ensuring that the will is executed in the most logical way.

However, there are two potential drawbacks to hiring a professional. Firstly is that they will, of course, come at a price and due to the complex nature of enacting someone's will, they can be fairly costly coupled with the fact that they may have no personal relationship with the deceased, means they not be looking to complete it promptly to ensure a smaller fee. Secondly, a professional will not be aware of any sensitive information that may not be available in the will which could result in a slightly calculated approach in what is a very emotional time.

Can You Appoint More Than One Executor?

Yes. You may appoint more than one executor to help share the workload or bring a balance of skills. For example, a common approach is to name both a trusted family member and a professional executor to ensure effective management. This allows the family member to handle more personal elements while the professional takes care of legal and financial duties, ensuring smooth administration.

Appointing multiple executors ensures that the process is not only legally sound but also emotionally sensitive to the needs of the family and other beneficiaries.

To support your chosen executors and make their task less stressful:

• Clearly outline your wishes in a well-drafted will
   
• Keep a record of your assets, accounts, property deeds, debts, and legal documents
   
• Leave up-to-date contact details for important organisations
   
• Write a letter of wishes to provide guidance on matters not legally covered by the will
   
• Inform your executors about their appointment and the location of your will

Well-organised documentation and open communication can significantly reduce confusion and disputes, especially when large sums of money or emotionally charged decisions are involved.