Home   >   Publications   >   Appointing Your Children as Executors of your Will

Appointing Your Children as Executors of your Will

Preparing-a-will-protects-those-you-love
Author:

All too often, insufficient thought is given to the appointment of executors.

Parents often think it fairer to appoint all or a number of their children as joint executors of their Will without considering whether that will cause more problems than it solves, particularly when there has been a history of disagreements between the chosen children.

All decisions of joint executors have to be unanimous (unless the will provides otherwise), so it is essential that all executors will be prudent, cooperative and businesslike in their approach.

The executor has a duty to put the interests of the estate ahead of any self interest at all times. If you think a potential executor may not be able to do that, that person is probably not the right choice.

The role of executor is important and is not a decision to be made without careful consideration.

Key questions to keep in mind:

  • Are the chosen people willing to take on the responsibility of being executor? You should ask them before appointing them.
  • Are they capable of managing the affairs of the estate and working well with the other executors?
  • Will they have sufficient time to undertake the role?

If you would like to discuss this matter further or require some assistance,  contact a member of our Estate Planning Team.

 


Subscribe to our newsletter

eBooks

A-Guide-to-Estate-Planning-Booklet

DOWNLOAD eBOOK

First Name
Surname
Email

captcha

×
Dividing Up Your Property on Separation Booklet

DOWNLOAD eBOOK

First Name
Surname
Email

captcha

×
Spouse maintenance booklet

DOWNLOAD eBOOK

First Name
Surname
Email

captcha

×
Going to Court in a Family Law matter

DOWNLOAD eBOOK

First Name
Surname
Email

captcha

×
I am buying a pharmacy - what do I need to know first

DOWNLOAD eBOOK

First Name
Surname
Email

captcha

×
I want to sell my pharmacy

DOWNLOAD eBOOK

First Name
Surname
Email

captcha

×

TESTIMONIAL

  • Dear Pat, Lisa & Alexia,

    We wish to thank you for all your assistance during what has been a very difficult time for us. It is that time of the year that we remember everyone that has helped us get through it.

    Our very best wishes to you.

     

     

    Anon.
  • “The team at CLW has been Volvo Group’s lawyers for many years. They advise on all aspects of our business including Dealer Agreements, supplier agreements, tenders, litigation and property transactions. Their advice consistently highlights their intrinsic understanding of our business issues and their lawyers are always available to meet the needs of the business. CLW is an integral part of our operation”

    Ajit Singh, Director
  • We have no hesitation in endorsing Clayton’s Family Law team.

    Outcomes for our clients have been excellent and the sensitive and mature way in which the firm has assisted us to resolve issues has been a feature of the relationship.

    Where small businesses involve two spouses working together re-configuring businesses after a marital breakdown can be extremely difficult. The team at CLW have the expertise and energy to work with industry experts like ourselves to achieve sensible and workable outcomes.

    John S.
  • “Your management of our ‘case’ was flawless. Your communication was impeccable. You were efficient. And you were caring. You were the shining light in this dark period.

    The CLW organisation is stronger for the input of Eddie & Lisa. You are exceptional individuals and a formidable team.

    I thank you, and wish you every success in the future.”

    Josh A.
  • Hi Sheree,

    I just wanted to say a big Thank You for your kindness and diligence in my recent divorce case. Always making yourself available and answering my millions of questions was amazing!

    Sandy J.