Who Should Be An Executor?

When you create a Will, one of the most important decisions is choosing an executor.

An executor is the person responsible for carrying out the instructions in your Will after you die.

This can involve important responsibilities, so it is worth choosing someone carefully rather than simply picking the closest family member.

What Does An Executor Do?

An executor may be responsible for managing the estate administration process.

This can include locating the Will, dealing with banks and organisations, paying debts or expenses, applying for probate if required and distributing assets according to the Will.

The exact responsibilities depend on the estate, the Will and the laws that apply in the relevant state or territory.

Who Do People Commonly Choose?

Many people choose:

A spouse or partner
An adult child
A trusted family member
A close friend
A professional adviser
A trustee organisation

There is no single right answer. The best choice depends on your circumstances and the complexity of your estate.

What Qualities Should An Executor Have?

A good executor should usually be someone who is trustworthy, organised and willing to take on the responsibility.

It can also help if they are calm under pressure, able to communicate with family members and comfortable dealing with paperwork, organisations and deadlines.

A Real-Life Example

Imagine a mother leaves a Will naming one of her adult children as executor.

After she passes away, that person may need to find the Will, notify relevant organisations, deal with bank accounts, organise paperwork and help ensure assets are distributed according to the Will.

If the executor is organised and able to communicate clearly, the process may be easier for the family.

If the executor is unwilling, overwhelmed or in conflict with other family members, the process may become more difficult.

Should You Appoint More Than One Executor?

Some people choose to appoint more than one executor.

This can provide support and oversight, but it can also create delays or disagreements if the executors do not communicate well.

The right approach depends on your personal circumstances and the advice you receive.

Who Should You Avoid Choosing?

Every family is different, but it may be worth thinking carefully before appointing someone who:

Struggles with organisation or paperwork
Has ongoing conflict with other family members
May not be willing to act
Lives far away and may find the role difficult
May not understand the responsibility involved

Should You Ask Before Appointing Someone?

Yes.

It is usually wise to speak with the person before naming them as executor.

This gives them the chance to understand the role, ask questions and decide whether they are willing to accept the responsibility.

Do The Rules Differ Across Australia?

Yes.

Executor duties, probate processes and estate administration requirements vary between Australian states and territories.

It is important to understand the requirements that apply where you live and seek professional advice where appropriate.

Frequently Asked Questions

Who should I choose as my executor?

Many people choose someone they trust to manage responsibilities, communicate clearly and follow the instructions in the Will.

Does an executor need to be a lawyer?

No. An executor does not usually need to be a lawyer, although some people choose a professional adviser or trustee organisation.

Can I appoint more than one executor?

In many situations, yes. However, appointing more than one person can sometimes create delays if they disagree.

Should I ask someone before naming them as executor?

Yes. It is sensible to check whether the person understands the role and is willing to act.

Can an executor be a beneficiary?

In many circumstances, yes. Rules and practical considerations can vary depending on the situation and location.

Sources and Additional Information

Related Resources

Disclaimer: This article provides general information only and does not constitute legal, financial or professional advice. Laws vary between Australian states and territories.