How to choose an Executor for your Will

English solicitor Daniella Scarvaglieri of Hugh James solicitors recently posted these tips for appointing an executor in your will:

Who should I appoint as the executor out of my trusted inner circle of family and friends to deal with my estate, if any of them? It’s a tricky decision, and for her it was a dark and unsettling prospect having only just bought her first property

Role of the executor – she says that an executor has the role of ensuring the last wishes contained within someone’s will are granted in relation to the disposition of their property and they are responsible for making sure that any debts held by the deceased are satisfied and that the remainder of the estate, known as the residue, is distributed in line with the wishes of their will.

Don’t forget to make a Will - making or amending a will is an often overlooked aspect when purchasing a property or following a major life event, such as getting married or divorced.

practical considerations- CONTACT US ON 01 455 4723 samantha@kwsols.ie for Advice 

At Keith Walsh Solicitors we agree with Daniella Scarvaglieri’s identification of the following factors that you should take into account when deciding who to appoint as your executor, Samantha Holton of our office will be glad to assist you in making your will:

Willingness – you should always where possible discuss the appointment with the person in advance of naming them to ensure they agree to being appointed.

Capability – are they mentally and physically able to take on the role? Do they have the correct attitude?

Availability – depending on its size and complexity, administering an estate can take on average 9 months, so the executor ideally needs to be available to deal with any matters that arise.

Any conflicts of interest.

Ms. Scarvaglieri  explains conflicts of interest as follows: ‘

these can occur when appointing family or friends to act (known as lay executors) and you have contentious wishes in your will. If you feel they may not carry out your wishes in line with your instructions or there may be a dispute, you may want to consider a professional appointment, or have a professional executor acting in a joint capacity alongside a lay executor. The benefit of this lies with the fact that a professional executor is an impartial party, removed from beneficiaries of the will. They can provide the lay executor with support and guidance through the administration of the estate, or the role can be split so that the lay executor deals with the personal aspects of the administration process and the professional executor deals with the legal and administrative matters. Their experience of the role is a major factor for many individuals. It is possible to appoint a firm of solicitors or a trust corporation to act as executor.

When considering appointing a professional executor, you should check their fees for acting on your behalf in advance of finalising your will. It is worth noting as well that lay executors cannot claim remuneration for acting, however they can claim expenses they have incurred from the estate, such as the cost of obtaining copies of the death certificate or postage fees.

Therefore it is prudent to consider the appointment or two or more executors, especially if you have a large or complex estate. It is also possible to name one executor in your will whilst also naming a substitute executor, should the primary executor be unable to fulfil their duties.’

Talk to Samantha Holton in our Dublin office about making a Will

8 St. Agnes Road,  Crumlin Village, Dublin 12, D12 VR64

Consulting rooms, Pembroke Hall, 38/39 Fitzwilliam Square, Dublin 2.

Tel:   00 353 1 455 4723                                             W:     www.kwsols.ie