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How to Choose and Appoint an Executor of a Will

Discover how to choose and appoint an executor of a Will

A good executor keeps excellent records and is very organised .They deal with paperwork, pay bills and share assets according to your will. Choosing someone reliable and who is prepared to take professional advice where necessary helps avoid stress and delays.

Key takeaways:

  • The executor manages your estate and carries out your wishes
  • The right choice saves time, money, and reduces family tension
  • A professional executor can help with complex estates or disputes

Why does choosing the right executor matter?

The executor plays a key role in managing your estate after you die. Picking the wrong person can cause problems that affect everyone involved. Probate may take longer if the executor struggles with paperwork or deadlines. Family disputes can arise if the executor is seen as biased or makes poor decisions. Costs can also increase if mistakes lead to legal challenges or extra fees.

Choosing someone reliable and organised helps avoid delays, reduce stress and keep costs under control.

Who qualifies to be an executor of a will?

To be an executor, you must:

  • Be 18 or older
  • Have mental capacity

If you meet these conditions, you can act as an executor. This includes family members. You can also be an executor if you’re named as a beneficiary in the will.

Qualities to look for in an executor

  • Trustworthiness and fairness. They should act honestly and put your interests first.
  • Organisational skills. The role involves paperwork and meeting deadlines.
  • Basic financial knowledge. They need to manage money, pay bills and deal with assets.
  • Calm under pressure. Executors often face family tensions and emotional situations.
  • Commitment. It’s a big responsibility that takes time and effort.

Should you appoint a professional executor?

You can choose a professional executor, such as a solicitor. This can help if your will is complex or might cause disputes. Their experience makes sure your estate is managed properly. They can deal with tasks like filling in tax forms and handling money while staying neutral.

Think about the cost before you decide. Professional executors usually charge fees for their work, so check if this option suits your situation.

How to approach your chosen executor

Once you’ve picked an executor, it’s important to talk things through. This helps avoid confusion later and makes sure they’re ready for the role.

Things to cover:

  • Confirm willingness. Ask if they’re happy to take on the responsibility.
  • Share where documents are stored. Tell them where to find your will and any other key papers.
  • Discuss expectations. Explain what the role involves and how much time it might take.
  • Mention specific wishes. If you have any specific wishes, like funeral arrangements, you can let your executor know.
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How to formally appoint an executor in a will

Appointing an executor might seem simple, but it’s worth taking care to do it properly. The role carries legal responsibilities, so the wording in your will must be clear and accurate. You’ll also need to think about future changes, such as adding or removing executors later.

Steps to consider:

  • Name your executor in the will. Use their full legal name to avoid confusion.
  • Check the wording. The appointment must be written correctly to make it legally valid.
  • Think about backups. Consider naming more than one executor in case someone can’t act.
  • Plan for changes. If you need to update your executor later, you may need a codicil or a new will.
  • Get expert help. Professional will-writing services can make sure everything is done properly and help with future updates.

What happens if your executor can’t act?

If your executor can’t or won’t act, what happens next depends on who else is named in the will:

  • Other executors named. They can take over the duties. The executor who can’t act can step down.
  • A substitute named. If no other executors are listed but a substitute is named, that person takes on the role.
  • No executors or substitutes. If no named executors are willing or able to act, the beneficiaries named in the will are next in line to apply for the Grant of Probate. This is only possible if no executor has already applied for the grant. If they have, beneficiaries can challenge the executor and ask the court to remove them .

Should you tell your executor where your will is stored?

Letting your executor know where your will is kept can make things much easier later. If they can find it quickly, they can follow your wishes without delay. If the will is hard to find, an older version might be used instead. That could mean your estate isn’t handled the way you planned. If no will is found at all, the rules of intestacy will decide what happens.

You may also want to share a photocopy of your signed will with your executors for future reference. While they will still need the original document to administer your estate, having a copy can help them understand your wishes and prevent potential disputes.

Can you appoint an executor who lives abroad?

It’s possible to choose an executor who lives outside the UK. However, having at least one executor based in the UK can make the process easier. If the only executor lives abroad, delays can happen. Time zone differences may slow communication, and some tasks might need someone to be physically present in the UK.

If the sole executor is overseas, they can grant a Power of Attorney to someone in the UK. This allows that person to act on their behalf without having to travel.

Important

Saga is a registered trading name of Saga Personal Finance Limited, which is registered in England and Wales (company number 3023493). Registered office 3 Pancras Square, London, N1C 4AG. Saga is not authorised or regulated by the Solicitors Regulation Authority (SRA). All legal services are provided by Co-op Legal Services. Co-op Legal Services is a trading name of Co-operative Legal Services Limited which is authorised and regulated by the SRA, under registration number 567391.

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