Choosing Executors

When we are assisting a client with the preparation of a new Will, one of the most important

issues is the question of who the executors are going to be.

Your executors are the people who will be tasked with and legally responsible for, the

administration of your estate. For all practical intents and purposes, your executors are

essentially……you. Posthumously.

As a general rule, you should always appoint at least two executors, either:

1. One executor and one back-up executor; or

2. Two (co)executors.

In either of these scenarios, if one of the executors dies before you (or is otherwise unable to

fulfil the role), the surviving executor will still be able to administer your estate.

It is not uncommon for people to appoint up to three (3) executors. The appointment of executors — especially when one or more family members are involved — can raise a range of considerations. These might include age, personality, geographic location, and both interpersonal and wider family dynamics. Depending on the nature and complexity of your circumstances, choosing the right combination of executors can feel like a juggling act.

That juggling act becomes even more complex when you factor in the following: if, after your death, one of your executors dies before the administration of your estate is complete, the executor(s) of that executor’s estate will automatically step into their place. In other words, your executor’s executor becomes your executor.

Most of the time, this never becomes an issue… but occasionally, it does.

Part of our role here at Lucas & Lucas is to help you identify and work through all of the relevant considerations, and ultimately to put together a Will that makes sense to you — and will work for you.