Who should you appoint as the executors of your will?
An executor is a person named in a will to carry out the instructions of the testator (the person who made the will). The executor's duties include:
Gathering the testator's assets
Paying the testator's debts
Distributing the testator's assets to the beneficiaries named in the will
Filing the necessary paperwork with the probate court
The executor is also responsible for ensuring that the testator's wishes are carried out in accordance with the law.
The executor is not legally required to be a solicitor, but it is often helpful if they have some knowledge of the law. The executor should also be someone who is trustworthy and reliable, and who is willing to take on the responsibility of carrying out the testator's wishes.
When choosing executors for your will, you should consider the following factors:
Your relationship with them: You should choose people who you trust and who you know will be able to carry out your wishes according to what is written in your will.
Their availability: You should choose people who will be available to deal with the probate process, which can be time-consuming and complex. Executors can delegate some of the actions to carry out your instructions to others, such as a solicitor or probate specialist, should they not have the time or knowledge to perform all tasks.
Their financial skills: You should choose people who have some basic financial skills necessary to manage your estate.
Their willingness to take on the responsibility: You should choose people who are willing to take on the responsibility of being an executor.
Some common choices for executors include:
Your spouse or partner: This is a common choice, as they are likely to be familiar with your wishes and they will be motivated to carry them out.
Your children: This is another common choice, as they will be the beneficiaries of your estate and they will be interested in ensuring that your wishes are carried out.
A close friend or relative: This is a good choice if you do not have any close family members who you trust to be executors, or if appointing a family member may cause friction among your loved ones.
A professional executor: A professional executor is a solicitor or other professional who specialises in probate. They can be a good choice if you have a complex estate or if you want to ensure that your wishes are carried out correctly.
There are some additional things to keep in mind when choosing executors for your will:
You can appoint more than one executor. This can be helpful if you want to ensure that someone is always available to deal with the probate process.
You can appoint a substitute executor. This is someone who will take over as executor if the first person you appoint is unable to do so.
You can revoke your will at any time and appoint new executors.
It is important to make sure that your executors are aware of their responsibilities and that they are willing to take on the task. You should also give them a copy of your will and any other relevant documents.
