Article of Interest on Wills & Estates

WHAT DO EXECUTORS DO?

If you attend a Solicitor to make a Will, one of the first questions you will be asked is “Who will you appoint as your Executor or Executors? ” So- what do they do? An executor is the person appointed by a Will to administer your estate. More than one executor can be appointed by a Will.

They should be adults, who don’t have any impairment which would prevent them from administering the estate. You can appoint who you wish to be your executor. It places serious obligations upon that executor to comply with the requirements of the law in the administration of your estate. The executor actually stands in your place and disposes of property as directed by you.

If more than one executor is to be appointed, then it is essential that those executors are not likely to be hostile to one another. This can result in difficulties in the administration of the estate. Adult children who don’t speak to one another are not good choices. More complex estates may require professional expertise in the role of executor. In this situation there can be both the family/friend person and the professional so that the executors have a mix of the personal and the professional combined in the management of the estate.

An inexperienced Lawyer will simply accept who you say is to be your executor without asking any questions about their capacity or expertise. The experienced Estate Lawyer will assist you to appoint the appropriate executor for you and your estate.

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