This a common (and sensible) question we hear when clients make a Will; you can find out the answer below, as well as other useful considerations for choosing an executor
Making a Will is an important way to look out for your loved ones after your death; by taking care in your choice of executor(s) when making the Will, you can further ease the process of dealing with your death and estate.
An executor represents you after your death, and is named by you in your Will (or by a court if you don’t do this). In doing so, you’re assigning them a serious set of legal responsibilities including:
- Identifying and inventorying your assets
- Paying debts and taxes
- Gathering in money from banks and insurance policies
- Taking over landlord duties if you rent out property
- Distributing the estate to beneficiaries (and perhaps finding missing ones)
- Keeping records and accounts.
Must I choose someone younger than me?
Not necessarily, nor do they have to be in better health, but in practice, you want your executors to be fully able to carry out their role when the time comes. Appointing someone much older than yourself may not be conducive to this.
Do they have to be a relative?
No. They could be a family member, spouse, partner, friend, colleague, your solicitor or anyone else. It’s fine if your executor is set to inherit something under the Will but they cannot act as a witness when you sign it.
Should I have more than one executor?
It’s possible to have just one or more than one. It may be practical to have two (or more) in case one of them is no longer available or no longer wants to take on the task.
Are your executor and attorney the same person?
Clients sometimes assume when they make a Power of Attorney (PoA) that their nominated attorney will be able to handle their estate on their death even if there is no Will. This is not so. PoAs and Wills are two separate legal documents, and you may decide to name different people for each.
Can an executor get help?
Yes, a lawyer can help. Documents such as the Scottish Government’s 'What to do after a death in Scotland' also have useful information.
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