How do I choose an executor for my will?
Executors are the people named in your will who will administer your estate after you pass away. They’re legally permitted to settle your affairs in accordance with your final wishes. This includes distributing your possessions to loved ones, paying off any remaining debts, and closing down bank accounts.
If you want to ensure a smooth transition for loved ones, always give your choice of executor careful consideration, and chat to a solicitor if you think it’ll help.
How should I choose my executor?
You can name anyone as an executor, but they must meet two basic legal requirements.
They must be over 18 at the time of your death.
They must be ‘of sound mind’, or mentally capable of making decisions.
Many people appoint their spouse, long-term partner, a professional like a solicitor or an accountant, or a close relative or friend. Someone they know will be able to look after what they leave behind, and who will best action their final wishes.
Being an executor carries a massive responsibility in a process that can sometimes get a bit complicated. It can also take up a lot of time (with a lot of signing documents and sending off forms, too). Depending on the complexity of your estate, it can take a year or more to go through probate.
So, first, make sure your executor is willing.
Always ask them if they’re happy to act on your behalf and explain what this means to them.
Next, consider the character of your appointee. A good choice of executor is:
Responsible
Reliable
Organised
Trusted and trustworthy
Serious
Calm
Financially literate
How many executors can I appoint?
You can name up to four executors in your will. But most tend to appoint two. That way, if one can no longer act in that capacity, becomes ill, or passes away, a second can still deal with your estate.
All of them should meet the legal and character requirements, not just your first choice.
When appointing multiple executors, you’ll need to decide how they act. These instructions should be included in your will.
Jointly – all executors must make decisions together.
Jointly or severally – executors can make decisions together or on their own.
Substitute – you can choose whether your back-up executors act only if your first choice is unavailable.
Choose executors who are less likely to enter into disputes with others; those that are fair-minded and unconfrontational, so the process is a little easier on your family and friends.
How do I appoint an executor?
Your will needs to name someone as an executor, and include their address. You won’t need to do anything more.
When naming more than one executor, remember to always include whether they can act ‘jointly’ or ‘jointly and severally’ – it’s one of those easily overlooked details a solicitor can help make sure you get right first time.
If you update your will at any time, also be sure to check your executor’s details are still correct. It might not invalidate the document, but it will make it simpler when it’s time to administer your estate.
Can the executor inherit from my will?
You can name your executor as a beneficiary in your will.
Since many executors are partners or close relatives, it’s common for them to inherit or receive some sort of gift.
Only witnesses and their partners can’t benefit from the will, as they must remain independent.
If you’d like more help writing your will, we’d love to offer our support. You can always get in touch with any of our experienced solicitors who help make it easier to prepare for your family’s future.