Your executor is the person you name in your Will to administer your estate and carry out your wishes after your death. In Western Australia they need no special qualifications, but they do need to be reliable, willing and still around when the time comes.
What does my executor do?
The duties of an executor include:
- taking charge of and protecting your assets;
- making arrangements for your funeral;
- if necessary, obtaining authority to administer your estate in the form of a Grant of Probate from the Supreme Court;
- paying funeral expenses and any debts of your estate;
- finalising income tax returns; and
- selling your assets;
- distributing your estate according to the directions in your Will.
An executor is personally accountable to the beneficiaries for how they do all of that. It isn’t a ceremonial appointment.
Who should be my executor?
Your executor doesn’t need any special qualifications, but you should choose someone reliable. They aren’t bound to act, so it’s wise to talk it over with them first.
If your chosen executor needs professional help, they can engage a lawyer or other professionals when the time comes.
The choice is entirely up to you. These points may help you decide:
- if you’re leaving everything in your Will to one person, such as your spouse, it makes sense to appoint that person as your executor;
- if you’re leaving everything to your children in the event your spouse dies before you, consider appointing one or more of your children over 18 as your alternative executor;
- you can appoint a trusted friend or relative; and
- you can direct in your Will that your executor engage lawyers to assist with the administration of the estate.
Appointing the eldest child by default is how difficulty starts. The right executor is whoever will do the job properly, which isn’t always the obvious person.
Should I appoint a professional executor?
Sometimes there are advantages:
- your family won’t have to make many decisions about your affairs and much of the work is done for them;
- the executor will have the skills to wind up the estate quickly; and
- the executor will be independent and impartial if a dispute arises.
See Can you act as the executor of my Will?
What if my executor can’t or won’t act?
Being named doesn’t oblige anyone to act. An executor can renounce and one who has moved overseas, become unwell or simply doesn’t want the job will often do exactly that.
Your Will should name a substitute for that reason, and this is a good reason why you should check your Will every few years. An executor you chose at 45 may not be the right choice at 75. See How often do I need to update my Will?
Frequently asked questions
Can my executor also be a beneficiary?
Yes and it’s very common. Most people appoint their spouse or an adult child, who is usually also a beneficiary. What an executor shouldn’t do is witness the Will, because a gift to a witness can fail.
How many executors can I appoint?
You can appoint more than one but no more than four. Two can work well where you want a check on the decisions, though they have to agree on everything, which slows an estate down where they don’t get on.
Should I tell my executor I’ve appointed them?
Yes. Ask them first and tell them where your Will is stored. See Where should I store my Will?
Does my executor get paid?
A family executor generally acts without payment, though they can be reimbursed for expenses and may apply to the Court for payment for their work (known as executor’s commission). A professional executor charges for the work and your Will has to authorise this payment.
Choosing your executor
Who you appoint as your executor is a decisions worth thinking about properly. We’ll talk it through when we prepare your Will.
Book an appointment or call the Wills team on (08) 9220 4433.
See our Wills service and pricing.
This article is general information and not legal advice.
