Executors are responsible for administering your estate after you die. This involves:
These tasks can quickly become onerous, time-consuming and complicated - particularly if other issues arise, such as a claim being brought against the estate.
Executors also have to be careful not to fall into the trap of unwittingly or otherwise promoting their own interests if they are also beneficiaries under the Will. Take this common example:
The son of the deceased is the executor and entitled under the Will to a half share of his parent's house. He wants to purchase the house. His brother, who is not an executor, inherits the other half under the Will. The executor brother needs to ensure that he purchases his brother's half at the highest price that he could otherwise sell it for on the open market. If he does not, or deliberately tries to purchase at an undervalue, he is breaching his duties as executor and could ultimately be removed and held personally liable for the financial losses to the estate.
Traps like these are easy for innocent executors to fall into sometimes without realising. But the role of executor can also offer opportunities for executors with less integrity to potentially exploit. It is therefore vital to choose the right person(s) who have the required expertise and judgement.
People often think that choosing friends or family members will be less expensive than a professional. Lay executors do not charge for their time but many will instruct solicitors to administer the estate on their behalf anyway, which often results in similar levels of costs to appointing a professional in the first place.
If you particularly want a certain friend or family member to be executor but also want the expertise of a professional, it does not have to be a binary choice and in some cases it can be advantageous to choose a combination of both. In deciding, some key factors to consider are: