Choosing An Executor For Your Will: How To Choose The Right Person

What Is an Executor and What Do They Do?

An executor is the person appointed to manage and administer an estate when the time comes. They are named in a will and can have many duties, ranging from organising the funeral to distributing assets according to the deceased’s wishes. 

In practical terms, they may be required to:

• Apply for probate (the legal authority to act)
• Locate and secure assets
• Collect estate funds and arrange valuations
• Pay outstanding debts, taxes, and administration expenses
• Prepare estate accounts
• Distribute assets to beneficiaries

Once probate is granted by the Supreme Court of Western Australia, the executor becomes the deceased’s personal legal representative.

The role of executor is not a ceremonial appointment. The chosen person must act in good faith, in the best interests of the beneficiaries, and in accordance with Western Australian law. 

Who Can Be an Executor?

In Western Australia, an executor must generally be over 18 years of age, have legal capacity, and be willing to act. There is no strict requirement that the executor live in Western Australia. 

However, there may be practical and tax considerations if they reside interstate or overseas. Depending on the estate’s complexity, administration may take many months.

Common Executor Appointees

• A spouse or de facto partner
• An adult child
• A trusted family member
• A close friend
• A professional such as a solicitor or trustee company

It’s worth noting that life stage and family situation often factor into the decision. For example, someone in their 30s or 40s may appoint a spouse or partner, while someone later in life might choose an adult child. 

Personal and professional relationships can change over time, so removing emotion from the decision is important – though challenging.

Key Factors For You To Consider When Choosing an Executor

1. Trustworthiness and Integrity

The executor controls estate assets before distribution. You must have complete confidence that the person will carry out your wishes faithfully and act in the beneficiaries’ best interests.

The executor may also need to deal with institutions such as banks and Landgate, which may require formal proof of authority in matters concerning estate assets.

2. Organisational and Financial Competence

Estate administration involves legal documents, financial records, deadlines, and communication with institutions. While an executor can engage professional advisers, they remain legally responsible for decisions made.

3. Availability and Willingness

Administering an estate can be time-consuming and, at times, stressful. It is prudent to discuss the role with your proposed executor to ensure they understand the responsibility and are suitably organised.

4. Ability To Act Impartially

An executor must be impartial to beneficiaries. If there is potential for conflict, such as blended families or unequal distributions, selecting someone who can remain calm and neutral is critical.

In some circumstances, this consideration alone may influence your approach to choosing an executor for your will.

Joint, Substitute, and Professional Executors

Appointing More Than One Executor

It is possible to appoint joint executors. This is common where adult children are appointed together. This can make the probate process more transparent and consistent (if one executor cannot act), while sharing the responsibility.

However, joint executors must act unanimously unless the will provides otherwise. Differences in opinion can delay administration.

Appointing a Substitute Executor

Circumstances change. An appointed executor may predecease you, lose capacity, relocate overseas, or decline to act. Naming an alternate (substitute) executor ensures continuity. If your primary executor is unable or unwilling to act, the substitute can step in without requiring an application for Letters of Administration with the Will Annexed.

This single precaution can significantly reduce procedural complexity.

Professional Executors and Legal Assistance

In some cases, appointing a professional executor may be appropriate. This may include a solicitor experienced in will and estates matters or a trustee company. 

Professional appointments are often considered when the estate: 

• Is complex
• Involves business interests
• Carries a dispute risk
• Includes minor beneficiaries

Professional executors charge fees, typically payable from the estate. However, their expertise can provide structure and neutrality. 

Even where a family member is appointed, will and estates lawyers can assist with probate applications, asset transfers, compliance requirements, and estate administration.

Reviewing Your Executor Appointment

Executor appointments should be reviewed periodically, especially after a significant life event. 

Marriage, separation, divorce, changes in relationships, relocation, significant asset growth, or a change in your circumstances may all justify reconsideration.

Estate planning documents should also work together coherently. Your will, Enduring Power of Attorney, Enduring Power of Guardianship, and any Advance Health Directive should reflect your intentions and personal circumstances.

When To Seek Professional Guidance

Choosing an executor for your will is not something to approach lightly. The appointment is central to your estate plan and can influence how efficiently your affairs are finalised.

By carefully choosing an executor for your will, you provide clarity, structure and protection for your loved ones. A well-considered appointment can ease the administrative burden during a difficult time and ensure your wishes are carried out faithfully.

Experienced solicitors in Perth can assist in structuring your will so that the executor appointment aligns with your broader estate planning objectives, asset structure, and family circumstances.

If you are preparing or updating your will, careful legal advice can help ensure your executor appointment supports a smooth and compliant administration of your estate.

At Barnard Lawyers, our wills and estates lawyers help you navigate all the considerations and prepare documentation that accurately reflects your wishes. We also assist executors in applying for Grants of Probate and Letters of Administration in Western Australia, guiding them through what can be a complex and demanding process.

If you would like professional guidance or wish to review your current arrangements, please contact us on 08 6114 5920 or email info@barnardlawyers.com.au to arrange a consultation.

Please note: This article is for information and education purposes and is not legal advice.