Published on: 26th July 2021

Choose your Executor with care

Appointing an Executor of a Will is an extremely important decision and should not be taken lightly. Executors are both financially and legally responsible for the administration of your estate. Choosing people whom you trust and who are confident dealing with paperwork and taxes is an important forethought in the process of creating your Will. Whilst there is no legal obligation to discuss the contents of your Will with your Executors in advance, it is beneficial because of the responsibilities that they will hold.

Who can I appoint as an Executor?

Anyone who is over the age of 18 and has the mental capacity to make decisions can be nominated as an executor of your Will. Commonly, the individuals appointed as Executors are family members such as spouses and children. Contrary to popular belief, you are allowed to appoint a beneficiary to be an executor of your Will.

It is important to note that you are able to choose up to four Executors. All Executors share the responsibility of handling the estate. Whilst that can have positive effects, there are also downsides to having that many Executors. As all Executors have to agree on decisions, having four can be impractical and create conflicts. For this reason, we usually recommend appointing two Executors. This ensures that if one of them predeceases you or chooses not to accept the role, there will still be an Executor to handle the Estate Administration. 

Whilst we normally recommend appointing family or friends, you are also able to appoint a professional estate administration specialist as an Executor. Casey & Associates are able to provide multiple options of professional estate administration specialists if that is the route you wish to take.

Regardless of whether you chose a professional, friend, or family member, the Executors of your Will are able to delegate Estate Administration to a professional company in order to ensure that everything is done correctly. Casey & Associates is also able to help in this manner.

What is the role of an Executor?

The main role of an Executor is to administer a person’s estate when they have passed away. Whilst every estate is different and therefore the exact roles of Executors will vary, common responsibilities include managing property that has been left in the estate, ensuring the correct amount of tax is paid, applying for a grant of probate, and making distributions in accordance with the terms of the Will.

Ensuring that your chosen Executors are fully aware of the finances of your estate is highly recommended as it will be important information for them to have upon death. Take, for example, Usher & Perkins v HMRC [2016] in which the court ruled that two Executors who under-declared the deceased’s income and then distributed the estate were liable to pay HMRC for the missing income tax. Cases such as these exemplify the importance of having discussions surrounding your assets with your chosen Executors. Another way to mitigate problems that may occur for your Executors is for them to use a professional Estate Administration Service - a service offered by Casey & Associates.

Additionally, in the recent case of Howes v Howes [2021], the High Court ruled on the importance of Executors keeping detailed records. The judge ruled that the defendant should produce an account of the first of two estates of which he was the Executor. This again demonstrates how Executors can be held responsible for completing their duties effectively and accurately.

If you are planning on writing a Will and are not sure about who to appoint as an Executor, our experienced and friendly team will be able to discuss your situation in order to provide the reassurance that you are naming the most appropriate executors to carry out your wishes. If you are an Executor and having to deal with the responsibilities that have fallen upon you, Casey & Associates is able to help with the Estate Administration. To discuss all options in your estate planning, please consider booking an appointment with one of our Consultants by contacting our Client services team at 01732 868190 or contact us using our website by clicking here.

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Our Covid-19 policy is now that if you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

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