When you decide that the time has come to make a Will you may be uncertain about who can and who should be named as an executor in your Will.
The Will and estate planning team at Solomons Solicitors can answer your questions on who can be named as your executor in your Will and can help you prepare a Will that reflects your personal and financial circumstances to give you and your loved ones peace of mind.
Contact our team today to find out how we can help you.
Who can be an executor of a Will?
Anyone who is over 18 years old can be an executor of a Will but it is best to choose your executors with care as an executor deals with the estate administration when you pass away. Although a family member or friend may appoint a specialist probate solicitor to help them, the friend or family member may find the estate administration process stressful, particularly if they are in poor health or elderly. You can choose to appoint a professional executor in your Will, such as the lawyer or the firm who wrote your Will for you.
It is important that the executors of your Will can work together because even if they decide to appoint a probate solicitor to sort out the estate administration, they will still need to instruct the lawyer jointly.
Do you need a professional executor?
There is no legal requirement to appoint a professional executor. You can appoint up to four executors although people usually appoint two as the executors need to act jointly and having more than two can make the decision-making process a bit unwieldy.
If your estate and assets are complex or if you have a blended family then it may be sensible to appoint professional executors or one professional executor together with a member of your family or a close friend.
Can a beneficiary of a Will be an executor?
If you leave your estate or a legacy to a family member or friend they can still be appointed as an executor of your Will. A beneficiary cannot witness your Will.
Can an executor refuse to act?
A person appointed as an executor can refuse to act as your executor. That is why it is sensible to ask your proposed executors if they are willing to act before you appoint them in your Will. As your executor will need to sort out your affairs after you pass away it is sensible to tell them where your Will is kept. For example, you may decide to leave your original Will in safe-keeping with your Will solicitor.
If you decide to review your Will it is sensible to look again at your choice of executors. For example, your children may now be mature enough to be appointed as the executors, or because of a family fallout, you may want to appoint professional executors rather than risk family members disagreeing over how your estate should be administered.
Speak to our Bournemouth-based Will Solicitors today
Solomons Solicitors can help you with all your Will, LPA, and estate planning needs making sure you understand your options and you have the legal paperwork you need to provide peace of mind.