What To Consider When Choosing An Executor

Writing a Will is the only way to ensure your property, possessions, money and investments go to your loved ones and the causes that are most dear to you.

Anyone who makes a Will must name at least one executor. Executors are individuals appointed in a Will who are legally responsible for handling the deceased’s estate and carrying out their wishes.

A Will must be clearly written and regularly updated to prevent it from potentially becoming invalid. It is always advisable to use a solicitor with relevant expertise to prepare your Will.  

In this guide, we’ll cover important information regarding executors, including who can be an executor and what to consider when choosing an executor. 

Let’s break it down.

Who Can Be An Executor Of Your Will?

Anyone can be an executor of your Will provided they are over the age of 18. 

Generally speaking, people tend to choose a trusted friend or relative to be their executor(s).

That said, considering executors take responsibility for dealing with all the estate and ensuring that your testamentary wishes are carried out, you should above all trust them.

Administering an estate is not always an easy or straightforward task, and there are many pitfalls to look out for.

Bearing this in mind, there is the option of appointing a professional executor, such as a probate solicitor. 

Many people choose a solicitor as an executor of their Will as they are experienced in the probate process and take the administration of the estate from start to finish without bias.

What To Consider When Choosing An Executor

There are multiple factors to consider when choosing an executor. These factors include, but are not limited to:

1. Age
2. Trust 
3. Time available 
4. Knowledge and experience 
5. Relationships

1. Age

The first thing you’ll want to consider when choosing an executor of your Will is age.

Although anyone over the age of 18 can be an executor, ask yourself whether they are mature enough to cope with the level of responsibility that is required from an executor. 

On the other end of the spectrum, your choice of executor might be too old to realistically be able to see the terms of your Will through.

This is especially true if you’re leaving multiple trusts in your Will that will continue after your passing.

2. Trust 

The most important thing to consider when choosing an executor is whether you trust them.

Executors will collect in all of your assets and be responsible for settling any liabilities including any tax. 

Many people choose professional executors as this removes any bias from the situation. Biased or dishonest executors can cost beneficiaries of a Will greatly, so this is crucial to consider before you entrust someone with the role of executor.

If you don’t believe that the person will manage your affairs and wishes in an appropriate manner, then you should not name them as an executor of your Will.

3. Time Available 

Another factor to consider is how much time the potential executor has available to them.

It’s important to remember that administering a person’s estate can be a very long, drawn-out process rife with complications and delays.

A lot of time, effort, and administration goes into dealing with a person’s estate. As such, the executors must have the time available to be able to manage such a task.

Before you write your Will, you will need to have a conversation with each of your chosen executors to ensure that they are happy to take on the role, as this is a big commitment of their time.

4. Knowledge & Experience

You will also need to consider the knowledge and expertise of the potential executor. 

Legal and professional help is available to executors, and it’s not recommended that you attempt to administer the estate without support.

Some people decide to appoint a trusted friend or family member alongside a professional solicitor as their executor.

The benefit of choosing a probate solicitor as an executor is that they already have the knowledge and experience necessary to administer the estate.

5. Relationships

Lastly, you will want to consider relationships when choosing an executor.

It’s not uncommon to appoint a beneficiary in your Will as your executor. 

That said, if you decide to choose a family member, it’s important to consider what impact this will have on other beneficiaries or family members and what the relationship is between them.

You will need to carefully consider whether there are likely to be any disputes after your death.

If there are complicated dynamics between family members and beneficiaries, you might decide to appoint someone who is independent and can mediate and administer the Will appropriately. 

How We Can Help 

At Harding Evans, our experienced probate solicitors are on hand to help.

Our team are probate experts and can help you and your loved ones through the probate process.

Get in touch with a member of our Wills and Probate team today.