When preparing your will, one of the most important decisions you’ll make is appointing an executor. Under Wills & Estate Planning Law in Australia, an executor plays a critical role in carrying out your wishes after you pass away. Choosing the right person requires careful consideration, as this role involves legal, financial and sometimes emotional responsibilities.

This article explores the role of an executor, their key responsibilities, and how you can make an informed decision when appointing one.

What is an Executor?

An executor is the person named in a will who is legally responsible for managing the deceased’s estate. This involves everything from applying for probate to ensuring assets are distributed to beneficiaries according to the will. Executors act in a position of trust and have fiduciary duties to act in the best interests of the estate and its beneficiaries.

Key Responsibilities of an Executor

The responsibilities of an executor vary depending on the complexity of the estate, but generally include:

Applying for ProbateProbate is a legal process where the Supreme Court confirms that a will is valid and gives the executor the authority to administer the estate.

Collecting and Protecting AssetsExecutors must identify and secure the estate’s assets, including property, bank accounts, investments, and personal belongings.

Paying Debts and LiabilitiesBefore distributing the estate, executors must ensure that all outstanding debts, funeral expenses, and taxes are paid.

Distributing the EstateOnce debts are settled, executors must distribute assets in line with the will. This can involve selling property, transferring shares, or making direct payments to beneficiaries.

Managing DisputesExecutors may need to resolve disputes between beneficiaries or deal with challenges to the will. In such cases, legal advice is often necessary.

Qualities to Look for in an Executor

Choosing the right executor is crucial. Ideally, the person should:

• Be trustworthy and reliable - Executors have access to sensitive financial matters.
• Have financial and organisational skills - They must keep detailed records and manage complex paperwork.
• Be impartial - Executors should act fairly, even if they are also beneficiaries.
• Be willing and available - Serving as an executor can take months or even years, so availability is key.
• Understand family dynamics - Executors often need to navigate sensitive family situations, especially in blended families.

Can Executors Be Professionals?

Many people appoint family members as executors, but in some cases, it may be preferable to appoint a professional, such as a solicitor or the NSW Trustee & Guardian. Professional executors can provide impartiality, expertise, and ensure compliance with Wills & Estate Planning Law, though fees will apply.

Common Challenges Executors Face

Being an executor is not always straightforward. Challenges can include:

• Disputes between beneficiaries over entitlements.
• Difficulty locating or valuing assets.
• Tax obligations related to deceased estates.
• Legal challenges to the validity of the will.

These issues highlight why it’s important to choose someone with resilience and access to professional legal guidance.

How to Choose the Right Executor

Here are practical steps when deciding who should serve as executor:

• Consider More Than One Option - It’s wise to appoint an alternate executor in case your first choice is unable or unwilling to act.
• Discuss the Role in Advance - Always seek the person’s consent before naming them in your will.
• Balance Family and Professional Input - A family member may understand your wishes, but a solicitor can provide impartial guidance.
• Review Regularly - As circumstances change, review your will to ensure your executor choice remains appropriate.

Why Legal Advice Matters

Appointing an executor is a decision that should not be taken lightly. Consulting a solicitor experienced in Wills & Estate Planning Law ensures that your will is legally valid and that your executor has the right tools to fulfil their role. Legal advice also helps minimise the risk of disputes and delays in administering your estate.

An executor is central to ensuring your wishes are carried out effectively after your death. By carefully considering who you appoint, you can make the process smoother for your loved ones. Whether you choose a trusted family member or a professional executor, the key is to select someone capable of handling both the legal and emotional aspects of the role.

At New South Lawyers, our experienced Wills & Estate Planning Law team can help you prepare a watertight will and guide you in choosing the right executor. Protect your legacy and provide peace of mind for your loved ones—

Contact New South Lawyers today for expert estate planning advice.