Choosing the Right Executor for Your Will

Creating a Will protects your loved ones and ensures your wishes are followed after your death. One of the most important decisions in this process is choosing your executor, who will manage your affairs, pay your debts, and distribute your assets according to your Will. Because the role carries significant responsibility – both practical and legal – choosing the right person demands careful thought. This article explains what an executor does and offers guidance on making your choice. The information here is general and does not constitute legal advice; always seek professional advice tailored to your circumstances.​

What Does an Executor Do?

The executor’s job is to administer your estate (everything you own and owe) from the moment of your death until your assets are finally handed over to your beneficiaries. This role can be time-consuming with duties sometimes extending over a year, especially for larger or complex estates.​

Key responsibilities include:

• Locating the most recent, valid Will.​

• Arranging the funeral, if necessary (not always a legal duty but often performed by the executor).​

• Applying for a Grant of Probate. Generally, for estates involving real estate or significant assets, the executor must apply to the Supreme Court for a Grant of Probate. This is the Court’s official recognition that the Will is valid and authorises the executor to deal with the assets.

• Identifying, securing, and insuring all estate assets, such as bank accounts, property, and valuables.​

• Valuing the estate and preparing a full inventory of assets and liabilities.​

• Paying debts, including tax and funeral expenses, from estate funds before making any distributions.​

• Resolving disputes among beneficiaries or responding to legal challenges to the Will.​

• Distributing the remaining assets in strict accordance with the Will.​

• Keeping accurate accounts and providing a final statement to beneficiaries.​

An executor must act honestly, diligently, and solely in the best interests of the estate and its beneficiaries, following all legal requirements and the terms of the Will.​

Who Can Be an Executor?

Any adult with legal capacity (“of sound mind”) may serve as an executor. There is no requirement for professional qualifications. Common choices are:​

• Family members (such as a spouse, partner, or adult children), who often know you and your wishes best.​

• Trusted friends, especially those who are organised and reliable.​

• Professional executors: solicitors, accountants, or trustee companies (public or private), who bring expertise and impartiality. They will charge a fee, taken from the estate.​

An executor may also be a beneficiary, which is common in practice and perfectly lawful.​

Qualities to Look For

Given the scope of the executor’s responsibilities, capability matters as much as trust. Consider whether your candidate has:

• Trustworthiness and integrity. Your executor will access and control all estate assets and financial records.​

• Organisation and attention to detail. The role requires thorough paperwork and meeting statutory deadlines; delays or errors can be costly.​

• Capability and willingness to serve. Your executor should be able to communicate effectively with third parties such as lawyers, banks, and the Australian Taxation Office, and they must agree to accept the role (renunciation is permitted if they decline after your death).​

• Impartiality. If conflict is likely among beneficiaries, a neutral executor is crucial for fair administration.​

• Age and health. Appoint someone likely to survive you and remain capable throughout the administration period.​

Practical Considerations: Sole v Joint Executors

When choosing an executor, you have a few structural options:

Option	Description	Pros	Cons
Sole Executor	One person manages the estate	Simple, clear responsibility	Heavy burden, risk if the executor is unwilling or predeceases you
Joint Executors	Two or more act together (e.g., adult children)	Shared workload, more skills, checks and balances	Potential for conflict, possible delays, and coordination, particularly if executors reside in different areas
Substitute Executor	Backup if primary choice is unable or unwilling	Essential safeguard, smooth transition	Must meet same standards as main executor

Note on joint executors: If appointing more than one person, ensure they can cooperate. Naming all children may seem fair, but strained relationships can cause gridlock or delays.​

When to Consider a Professional Executor

You might consider appointing a professional as your executor if:

• Your estate includes complex assets (business interests, trusts, overseas property)
• You anticipate possible disputes
• You wish to spare family members from the administrative burden of your estate
• Your intended executors are young, elderly, or unfamiliar with financial affairs​

Professional executors charge fees, but expertise may save the estate costs and risks in the long run.​

Final Step: Discuss Your Decision

Always talk to your chosen executor before making your Will. Ensure they are willing to act, explain where your documents are kept, and outline the likely complexity of your estate. Open communication helps prevent future surprises and ensures your intentions are understood.​

State Differences

Estate and probate procedures are governed by state law; exact processes vary between states and territories. All applications for probate and estate administration go through the Supreme Court in the relevant jurisdiction. Consult a lawyer familiar with the state’s requirements for the most accurate advice.​

This is general information only and not legal advice. For guidance tailored to your situation. Please contact us on 07 3281 6644 or email mail@powerlegal.com.au.