When you instruct Goodman Law to prepare your will, you will need to decide who your executor is to be. Your executor is the person you rely on to manage the administration of your estate according to your will. It is common that a spouse or partner is appointed to fulfil this role. However, here are some questions you may wish to consider to determine who is the most appropriate person to appoint as your executor:
Is the person over 18 years of age?
Do you trust them?
Are they capable of implementing decisions and going through a process? It is important that they are capable of understanding your wishes and implementing them completely.
Would you prefer one executor? Some wills are made with more than one executor.
Under normal circumstances, is it likely that this person will outlive you? It is preferable that an executor is not older than you.
Given best judgement at this time, is it likely that your executor will be living in Australia, and even in your state? This will minimise delays in the administration of your estate.
Is the person willing to act in the role? It is preferable to discuss the appointment with your proposed executor to check this and it is important to understand that an executor appointed under your will is under no legal obligation to accept the responsibility and obligation of acting in that role.
Goodman Law can guide you through all these questions and assist your executors at the time that they are needed. The solicitors at Goodman Law can guide you through any questions you may have and assist your executors at the time that they are needed. Please call us on 02 6206 9900 or email us to learn more or schedule an appointment.
For more information on this topic please see our page on Wills and Probate.