Choosing an Executor for a Will | Australia

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Choosing an executor for a will is a central part of estate planning. The executor carries out your final wishes and manages the legal process after death. A careful choice reduces stress for your family and protects the estate’s value.

In Australia, an executor can be a spouse, adult child, another relative, a trusted friend, a solicitor, an accountant, or a trustee company. They must be an adult capable of managing the role, and can also be a beneficiary. Honesty, good judgment, and availability are essential.

This guide offers practical tips for Australians on who can be an executor, executor responsibilities, and pros and cons of multiple executors to help you make an informed decision.

Why The Right Executor Matters

The choice of executor affects the speed and cost of estate administration. A reliable executor secures assets, applies for probate, and keeps the process on track. Good communication reduces disputes.

• Estate moves through probate with fewer delays.
• Beneficiaries receive clear updates and timelines.
• Costs stay proportionate through proper planning.
• Risk of conflict or formal dispute is reduced.

Choosing An Executor For A Will

Key factors to consider when choosing an executor:

Trust and Integrity

Choose someone you trust to act with care and in the estate’s best interests. They may control accounts, sell property, and handle private info. Integrity and calm decision-making are essential.

Time, Location and Availability

The role requires consistent attention. Executors should respond promptly and understand travel or signing requirements if located elsewhere.

Financial Literacy and Record Keeping

Basic financial literacy is important. Executors should read statements, keep receipts, and prepare simple accounts. Consider if they can:

• Organize documents and follow a checklist.
• Track income and expenses until final distribution.
• Work with accountants or bookkeepers.
• Provide summaries to beneficiaries.

Communication and Conflict Management

Executors should communicate professionally, explain steps, and manage expectations to prevent disputes.

Health, Age and Successor Planning

Executors must be adults. Consider health and energy. Name substitutes or alternate executors as safeguards.

Beneficiaries as Executors

Beneficiaries, like a spouse or adult child, can be executors. If appointing one child over others, provide a short explanatory letter to reduce surprise.

Independent or Professional Executors

Professional executors (solicitor, accountant, trustee company) are useful for complex estates, blended families, or likely conflicts. Fees apply, but independence and continuity are gained.

Responsibilities of an Executor

Immediate Steps

• Locate the original will and confirm the latest version.
• Arrange the funeral according to wishes.
• Secure property, maintain insurance, change locks if needed.
• Notify banks and agencies; arrange mail redirection.
• Make a list of assets and liabilities.

Applying for Probate

Probate formally validates the will and executor authority. A solicitor can assist to reduce delays.

Collecting Assets, Paying Debts and Tax

Executors collect assets, pay debts and tax, and manage property transfers or account closures, keeping accurate records in an estate account.

Distributing the Estate and Reporting

After debts and expenses are paid, distribute assets per the will and provide beneficiaries with a clear report.

Ongoing Trusts and Finalisation

If a trust is created (e.g., for children), the executor may also act as trustee. Duties continue until the trust ends and all estate obligations are complete.

Multiple Executors: Pros and Cons

Appointing multiple executors can share workload and provide checks but may slow decisions and increase conflict.

Advantages:

• Shared workload for large estates.
• Two signatures reduce errors.
• Professional + family member adds neutrality.

Disadvantages:

• All must agree on key decisions.
• Coordination of signatures/meetings may be harder.
• Personal conflict can cause delays and costs.

Risks of Appointing Multiple Siblings

Appointing all adult children can work if cooperative but may expose existing conflicts. Risks include disagreements on property, distribution timing, sentimental items, and delays.

• Appoint the most suitable child rather than all.
• Pair a child with an independent executor if conflict expected.
• Provide clear instructions in the will.
• Include a neutral explanatory letter.
• Keep asset lists current.

How to Appoint an Executor Legally

Naming Executors and Substitutes

Executors are appointed in the will. Name at least one substitute. Confirm willingness before signing. Any adult, including a beneficiary or professional adviser, can serve.

Letters of Wishes and Key Information

Provide practical info: assets, liabilities, advisers, key documents. A letter of wishes can guide personal decisions like funeral arrangements. This is not binding but helpful.

Costs, Commission and Professional Support

Executors are reimbursed for reasonable expenses. Commission may apply if allowed by the will. Engaging professionals for specific tasks is common, and fees come from the estate.

If an Executor Cannot or Will Not Act

Executors can renounce the role. Substitutes can act, or a suitable person may apply for Letters of Administration.

When to Seek Legal Advice

Seek advice for estates with business interests, complex tax issues, overseas assets, blended families, co-executors, or professional executors. Proper planning reduces risks and disputes. Learn about will contests and estate disputes.

Final Thoughts

Choosing an executor requires care. Focus on trust, availability, communication skills, and financial literacy. Consider family dynamics and whether one person or a mixed team works best.

Support your executor: organize records, provide instructions, include a letter of wishes, and name a substitute executor.

Consult an experienced estate planning lawyer if unsure. Good advice can prevent cost and conflict later. M de Mestre Lawyers assists clients across Australia with wills, probate, and estate administration.

Frequently Asked Questions (FAQs)

Who can be my executor? Any capable adult, including spouse, adult child, relative, friend, solicitor, accountant, or trustee company. Must be honest, organized, and have time.

Can a beneficiary also be the executor? Yes. Common for a spouse or adult child. Consider a short letter if appointing one child over others.

Should I appoint more than one executor? Co-executors share workload and provide checks but must agree on decisions, which may slow things. Name a reserve executor as backup.

Do executors get paid? Executors are reimbursed for expenses. Commission may apply if allowed or approved. Professional fees are paid by the estate.

What if my chosen executor can’t or won’t act? Executors can renounce. A substitute can step in, or someone may apply for Letters of Administration.

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