How to choose your executor
What is an Executor?
An executor is the person (or persons) appointed by the Will of a Testator, who has responsibility for dealing with the administration of the estate in accordance with the Will.
You can learn more about the role of an executor in our previous article https://nantes.co.uk/probate/understanding-the-role-of-an-executor/
Who should be appointed as an Executor?
Your executors need to be people that you trust to deal with your estate after your death. An executor needs to act with honesty, integrity and due diligence. Five things to consider when choosing a suitable executor are:
- Availability, suitability and willingness to act.
- Any conflicts or disputes that could arise between executors.
- Consider replacement executors should anything happen to the original executors you have chosen.
- The complexity of the estate and the burden that will be placed on the executors.
- Are you leaving any part of your estate on Trust. If you are would your chosen executor also be a suitable trustee of that trust.
An executor can be a beneficiary of the estate, it is not uncommon for people to appoint their closest family members, such as their spouse, child or sibling.
However, this not always be appropriate so depending on circumstances, it may be sensible to appoint “independent” executors such as a professional executor.
Appointing a professional executor may be sensible if your estate is complicated, for example, if your estate is subject to Inheritance Tax, you have business interests or foreign assets. Or it could simply be to provide a neutral person to deal with the estate where family disputes are likely to arise. Five advantages of using a professional executor are:
- Experience with the estate administration process;
- Knowledge of the duties and responsibilities of an executor’
- Technical experience to deal with some of the less straightforward aspects of the administration;
- Reassurance that they will act in the best interest of all your beneficiaries.
- Complete impartiality.
We are dedicated to supporting you.
An executor’s duty is important, and numerous factors must be considered. This can be concerning for some executors, particularly during a difficult time. We are an experienced team of Private Client lawyers who would be honoured to assist you if you require any advice or assistance with this. You can reach us by phone at 01305 771000 or through our main contact page.
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