Appointing Executors

Once you have made the decision to make your Will, you will also when the time comes want to ensure that your estate is administered in a quick and efficient manner. The responsibility of administrating your estate falls to the executors. The appointment of executor is made in your Will.

The duties of the executor(s) are:

to ascertain the assets of your estate, ensure that the assets of the estate are protected, e.g. insure all property comprised of in your estate against loss
prepare a schedule of relevant assets and obtain valuations for the assets of your estate
ascertain all liabilities of your estate
obtain a Grant of Probate from the Probate Office
gather in all the assets of the estate
ensuring that all your debts, e.g. funeral expenses, are paid out of money in the estate
to distribute the assets of your estate as per the terms of your Will and to those who have certain rights in relation to your estate. This is dealt with in more dealt below.

Who should you appoint as your executor(s)?

It is important to appoint executor who are willing and are able to carry out the duties of an executor. Family members are appointed in the majority of cases. The job of executor involves responsibility and decision making. Executors normally appoint a firm of experienced solicitors to deal with the legal aspects of administration.

The age of the executor is a factor that should be taken into account in appointing executors. There is no age requirement but it is important to note that an executor under the age of 18 years will not be permitted to apply for the Grant of Probate. A guardian or such person as the court thinks fit can be appointed to apply for the Grant of Probate or the minor, on reaching the age of majority, can apply for the Grant of Probate. You might also consider the responsibilities and duties placed on an executor if you are considering appointing an elderly parent or relative as executor. If your appointed executor predeceases you will have to amend your Will. This can be done by either completing a new Will or by way of a codicil.

It is not a requirement that you obtain a person's consent before appointing them as executor but it is advisable to discuss the matter with them. An executor appointed under a Will is not bound to act as the executor of the Will.

An executor can:

Accept.
Reserve their rights to act as executor. This means they can come back at a later stage and take out the Grant of Probate. If you appoint one executor in your Will they cannot reserve their rights without applying for a court order.
Renunciate. An executor can renounce their rights to act as executor. Once the renunciation has been signed the person cannot at a later stage be involved in the estate.

Once a Grant of Probate has been extracted a person can no longer reserve or reunciate.

How many executors do I appoint?

There is no limit on the number of executors that you can appoint in your Will. But practically, appointing a large of executors can delay matters in administrating an estate. While you can appoint one executor in your Will, it is advisable to appoint two, so that if one of your executors dies before you do, the surviving executor can take on the responsibility of administering your estate by distributing your assets according to your wishes.

It is very common for people to appoint one family member and a professional as executors.

Appointing professional executors

Some people when making their Will decide to use a professional executors. A solicitor is often appointed as executor of estate as they will be aware of the person's legal affairs. Doing so brings the advantage of having one's estate administered by an experienced expert. It is important that you appoint a solicitor with the relevant expertise. If you are appointing a family member as executor in your Will, they can instruct a solicitor to assist them in the administration of the estate. The solicitor's fees would be paid from the estate and a professional fee charging clause inserted in the Will.

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