One of the most important decisions you need to make when creating a will is who should be the executor of your will.
The executor or executors you choose will be the person that deals with the instructions in your will and handles the finances and any tax liabilities that arise. The executor will also be responsible for distributing your assets as you have instructed in your will.
Who can be an executor?
In England and Wales, an executor must be over 18 at the time of your death and they must have the mental capability to undertake all the tasks.
Who should I choose?
Our main advice for deciding who to appoint as your executor is to pick someone you and your family trust and would trust to look after your affairs after your death. Your executor can be someone close to you like a friend, family member, spouse, or a professional such as a solicitor.
Being an executor carries a lot of responsibility and at times the process can become complicated if you have several assets, so it is wise to appoint someone who can handle the responsibility. Our team is always available if professional help is needed.
An executor can also be someone you’ve named as a beneficiary in your will and up to four executors can be chosen, but please keep in mind that the executors should also be able to work together harmoniously.
Lastly, if you find it stressful to choose between family members or friends, many of our clients choose our solicitors to be executors. Having an executor with specialist knowledge can be helpful for your family, and keep in mind that your executors can also appoint professionals to assist them when the time comes.
Our team can help you with:
- Lasting Powers of Attorney and the Court of Protection
- Arrangements for someone to take control of your financial affairs if you become incapable of managing them yourself.
- Handing over control of your Health and Welfare decisions and the formalities and safeguards you require.
- Care Fees Advice
- Tax and Estate Planning
If you have more questions or need some advice on how to write a will, you can contact us using the form on our website or by calling your local office.