The importance of choosing your Executors carefully

One of the most important decisions you’ll need to make when writing your Will is who to choose as your Executors.

Your Executor has an important and responsible role. It’s the Executor who will manage your estate and affairs in the event of your death. They’ll also be responsible for ensuring that the wishes you’ve expressed in your Will are carried out in full and in the manner you intended.

What should you look for in an Executor?

Acting as an Executor carries huge responsibilities. Honesty and good communication skills are crucial, but you’ll also need to consider whether the person you’ve chosen is trustworthy and truly capable of carrying out such a role on your behalf.

When choosing an Executor, consider:

• Whether they are willing to take on the role (before naming someone as your Executor, you should speak to them first)
• Whether they have time to carry out their responsibilities properly
• How communicative and organised they are (they will be required to keep accurate records and communicate with various third parties)
• Their emotional resilience (remember, your Executor/s will be carrying out their duties whilst managing their grief)
• Their age (they must be over 18)
• Whether appointing a professional Executor is more appropriate (e.g. if family relationships are complicated or your estate is particularly large or complex)

The consequences of choosing the wrong Executor

Two recent cases have once again highlighted the importance of choosing the Executors of your Will wisely, and the importance of obtaining legal advice when creating your Will or Lasting Power of Attorney.

Case study one: an untrustworthy friend

In the first case, the Executor of the Will was a close friend of the deceased.

After the Will holder’s death, the Executor transferred £133,000 from the deceased’s estate into his own personal bank account. This sum was bequeathed (given) to a children’s charity. However, the Executor instead used it to fund a lavish lifestyle, clearing his own debts and spending frivolously on new cars.

The charity, which helps vulnerable and neglected children, has received nothing from the deceased’s estate to date, despite efforts to recover some or all of the money.

Case study two: breach of trust by LPA Attorney

The second case involved a breach of trust by a stepdaughter appointed to manage the financial affairs of her vulnerable stepmother.

The victim was extremely frail, suffering from dementia and living in a residential home when she appointed her stepdaughter and her husband to act as Power of Attorney. They were granted full control over the management of her finances.

During the nine months up until her death, the victim’s stepdaughter defrauded her stepmother by more than £10,000, representing a significant proportion of her estate.

The abuse of power only came to light when the solicitor dealing with probate noticed a financial irregularity. The victim’s stepdaughter has since been charged with fraud.

Contact our Wills and LPA solicitors

If you’d like more information about any of the points above, call our Will experts in Bristol on 0117 325 2929 or complete our online form.

As well as writing or reviewing your Will, we can help you establish Powers of Attorney or advise you on becoming a Deputy for someone. We can also speak to you about all aspects of the probate process.