Executors of a Will – FAQ

An executor of a Will is the person nominated to take care of a deceased person's estate after they pass away. If you have been named as an executor in someone’s Will, it means the deceased or testator (the person who made the Will) has appointed you to administer their estate, perhaps in conjunction with another person. As an executor, your role is to give effect to the testator’s wishes in their Will by

• taking charge of the deceased’s assets and property;
• paying funeral and administration expenses;
• paying taxes and debts; and
• to distribute the assets to the beneficiaries in accordance with the Will of the deceased.

Frequently Asked Questions
1. Who can be an Executor of a Will?

Anyone over the age of 18 is legally allowed to be the executor if they have the mental capacity to do so. Often people choose their partner, children or a close friend of the family but some people opt for the family lawyer or accountant to take care of it if they want to have a neutral party to minimise the risk of arguments between beneficiaries.

2. How many Executors can I appoint?

There can be any number of executors named in a Will, though one or two is usually considered sufficient. If you are the sole executor, you will probably need the assistance of a Solicitor to deal with the duties and obligations of the Administration of the testator’s estate or assets.

3. Can an Executor also be a Beneficiary?

Yes, an executor of a Will can also be a beneficiary, and this is quite common. Keep in mind, if the executor is also a beneficiary the other beneficiaries may be extra diligent in ensuring your conduct your role correctly.

If you would like to know more about executors’ duties or if you would like to prepare a Will, Straits Lawyers are now offering an online package for Advance Care Directives and Wills. Simply purchase our package via this link: https://straits-lawyers.square.site/product/will-and-advance-care-directive-package-/13

Alternatively, you can email us at info@straitslawyers.com or call at 08 8410 9069 to arrange an appointment.

Please note that this article does not constitute legal advice.