Why your choice of executor matters
Clients often spend time deliberating over who their beneficiaries should be and how much they wish each to inherit. They will have considered who they want to be the guardians for their children, and whether there are any charitable donations they want to include. However, they will often spend less time considering who they wish to appoint as executor and what it entails, with this role naturally being filled by those closest to the client.
Typically, spouses appoint each other as executor. They may also include their children alongside their spouse, or they may specify that the children are to act if the spouse cannot. This may be suitable in some situations, but it is worth considering whether this is best for you.
Age and capacity considerations
Age is a factor that should be considered. If you are appointing your spouse, siblings or friends who are similar in age to you, are they going to be able to act? Will they still have mental capacity, will they understand the process, and ultimately, will they be alive? Due to these questions, we would recommend making sure you have executors of a variety of ages.
Can your executors work together?
You should also consider the relationship between your executors. Whilst appointing all of your children means none will feel you viewed them as ‘incapable,’ in practice, do they get on well enough to work together, or will there be one who will be doing the heavy lifting whilst the others cause delays? In situations where you have a number of children and you are appointing them all so they are treated equally, it may be more useful to have a Letter of Wishes to accompany your Will, explaining why you have only appointed some.
Executors in blended families
Similarly, when it comes to blended families consider the relationship between your spouse and child(ren) when opting to appoint them both. In situations where parties do not trust each other it may be the case that choosing to only appoint one will cause the other to grow concerned about whether they will receive their inheritance and the amount they are receiving. Here, it may be best to appoint a neutral third party, which can be a firm of solicitors.
When a professional executor may be the better option
Administering an Estate is not a straightforward process, particularly if you have an estate which is complicated or subject to Inheritance Tax. If Inheritance Tax is not paid on time there are consequences, and a lay person may not be aware of the deadlines. When a loved one has died, the stress of dealing with an Estate may not be something people can deal with effectively.
Choosing the right executor can provide valuable reassurance that your wishes will be carried out as intended. If you are unsure who to appoint or would like to discuss your options, our team can provide clear, practical guidance tailored to your circumstances.
For bespoke advice on this or any other area of law, get in touch with the team now.
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