How should I choose my executor

When making a Will, most people focus on who will inherit their assets. However, choosing who is going to manage the practical work of “administering” the estate is equally important.

Your executor is responsible for administering your estate after your death. This involves identifying your assets and their value, settling debts and inheritance tax, applying for probate if required and distributing the estate in accordance with your Will. Even a relatively straightforward estate can involve a considerable amount of paperwork and time.

A spouse, adult child or trusted friend could be a sensible choice. An executor can also be a beneficiary of your Will, so there is no reason why someone inheriting under your Will cannot take on the role. The important question is whether they are willing and able to manage the responsibility.

It is important to appoint someone you trust of course.  However, they should also be somebody who will be reasonably organised, and has the patience to persevere, since the process can take quite a while - depending on how complicated the estate is.  Someone who is already stretched by their own work, who has carer responsibilities or has challenges with their own health might find the additional demands too difficult, particularly while grieving. It is important to discuss the role with executors before putting their name down in your Will.

If you are choosing between your children think carefully about any potential impact that might have.  It can be awkward to appoint one of your children over another.  However, siblings also need to be able to come to joint decisions. Every situation is different; the important thing is to make sure you think carefully about the consequences of your appointment. 

Appointing a solicitor as sole or joint executor can be helpful where an estate is complicated, for example where there are multiple assets overseas. A solicitor appointment as executor can also be important where there are likely to be significant disagreements between lay executors, or where the responsibility and burden of handling the estate would be too stressful for family or friends.  A professional will charge for handling the estate, so it is important to understand the fee structure before appointing a solicitor as executor. 

There is also a middle ground. Family members or friends appointed as executors can instruct a solicitor after your death to assist them, either for particular tasks or to handle the whole administration. Executors do not have to manage everything on their own, even if no solicitor is appointed as executor under the Will.

It is important to name a substitute in case your first choice of executor cannot act, and to review your appointments as and when circumstances change. For example, an executor may no longer be capable of managing an estate or they might have died. Your executors should also know where your original Will is stored, as this document is important in order to get hold of the Grant of Probate.

When Margaret helps you prepare your Will, we can talk through who would be best placed to carry out your wishes. A thoughtful choice when making your Will can make a considerable difference to the people dealing with your affairs later.