What is an Executor and How Do I Choose One?

If you're like many people when it comes to estate planning, you probably don't give the attention that's necessary in choosing who your executor will be but rather simply opting for your partner or adult child. But it's an onerous job, and the choice is very important. In this podcast, Gold Coast Lawyers at OMB Solicitors' Jessica Thomas helps you consider your choice.

TRANSCRIPT

Jessica: Well, Dan, the first step in choosing an executor is to choose someone that is honest, that is organised, and that is able to communicate with the beneficiaries in your will. So, suppose we can go back to basics, what is an executor? An executor is someone named in your will who is given the legal responsibility to take care of any remaining financial obligations that the deceased may have had. So what the executor, their job is to do is to bring in the estate, pay off any debts that there may be, and then distribute in accordance with the terms of the will.

Jessica: The key qualities, as I said before, are that you firstly need someone that you can trust. A lot of the times, people will appoint their spouse, their adult children, or sometimes their [inaudible 00:01:12]. It's a big job. It's very important that the executor is organised and able to communicate with those beneficiaries.

Dan: Jessica, I was just sort of thinking that not only is it challenging in the respect of trying to distribute the estate generally, but also there must be some family dynamics or relationships that can possibly be difficult to navigate for the executor, as well.

Jessica: That's right, Dan, so we always say when there's a will, there's a family. The difficulty with appointing say, for example, one adult child as opposed to both of your adult children, is that the other adult child could potentially feel that they're being left out of making the important decisions. So if you do appoint someone impartial to the estate, such as a solicitor, or an accountant, even for that matter, you've got someone there that they don't actually have the emotion attached to actually distributing that estate. They can use their professional judgement as to how the matter needs to be essentially wrapped up as soon as possible for the benefit of those beneficiaries.

Dan: Now, here's why it's important, I suppose, to speak to your lawyer about this as opposed to going online and jumping in for a free will kit or going down to the newsagent and just filling in the details.

Jessica: Yes, it's very important to speak to your solicitor when setting up a will, obviously. Post office will are better than nothing, but in saying that, if you don't actually completely understand how the succession of Queensland or any state, for that matter, works, it's very important to speak to a solicitor so they can set up your estate planning properly. Also, on the other hand, when someone does die and you are appointed the executor of that estate, to speak to your legal professional or your accountant as to what the process is. We handle these matters daily, assisting families with the administration of their loved ones' estates. Being an executor, as I said before, it's a very big job. You essentially are liable if you do anything wrong, so it is so important to have a solicitor there acting in your best interest as the executor of the estate and assisting you with the administration of that.

Dan: Jessica, thanks for joining me.

Jessica: Thanks, Dan.