Choosing an executor to finalise your estate and make decisions after your death can be a difficult process complicated by family dynamics, a sense of obligation, or simply the people you have to choose from within your family or friendship circles.
During an estate planning appointment, I work with clients to not just choose who will act as their executor but to consider who the right person will be to take on the job.
The role of the executor is to administer the estate (the assets and liabilities of the deceased) and to carry out the instructions outlined in the will. Executors may also be appointed to take on the role of trustee for trusts set up to provide support for minor beneficiaries or vulnerable people.
Being an executor can be many things; time-consuming, emotionally draining, confusing and sometimes complicated. But acting as the heart and delivering the legacy of someone you love after they've died can also be extremely rewarding.
One thing is for sure, nominating an executor based on popularity (they're everyone else's executor so why not mine as well), a sense of obligation (they're the eldest child, the first son, the only daughter), or some kind of 'I'll be yours if you'll be mine' reciprocal agreement is not going to benefit anyone after you've gone.
So what exactly should you be considering when choosing an executor?
Here are five things to check off when making your shortlist:

Shared Values
Over and above the administrative tasks, organisation skills, time, and availability I believe the most important thing about being an executor is understanding you, your life and your values so they can make decisions in line with what was important to you when you were alive.
As a death lawyer I can help guide the legal outcomes of an estate, I can connect your executor with organisational wizzes and administrative gurus. I can't be the heart at the centre of closing out your life.
Choose someone who knows you and understands the things that are important to you.
Accessibility
Multiple executors in different locations or an executor who lives interstate or overseas adds time to the estate administration process, can cause unnecessary complications, and appointing a sole foreign executor can have adverse tax consequences for your estate. When choosing an executor think about where they live.
Your executor should also have the time and capacity to dedicate up to a year to the task of administering your estate (sometimes more if the estate is particularly complicated, is contested or goes to court).
It's also important to consider the emotional and mental capacity of your executor to balance their grief with the decision-making and administrative tasks required of an executor.
If your executor is much older than you or in poor health, there is a good chance they may die or lose capacity before you, potentially leaving you with no executor.
Organisational Skills
As a base requirement, your executor needs to be able to organise themself out a wet paper bag.
They will be required to go through your paperwork and find important information, ask questions, gather documents, keep good records and make decisions at a time when they may be grieving themself or managing other people's grief.
Not Be An Expert
People often nominate an executor on the basis of humble bragging... the world is full of "expert estate administrators" who have administered one estate in the past.
You know the saying... If you've administered one estate you've administered one estate. Even after administering hundreds of estates every single one throws a curve ball of a different variety.
In my experience, humble braggers make the very worst executors, often putting themselves and your beneficiaries at risk.
A great executor will seek support from an experienced lawyer to ensure they're meeting their legal responsibilities and they'll be humble enough to seek advice from other professionals where required.
Relationships
The final consideration when choosing an executor is the relationship they have with any other executors you have nominated and the relationship they have with your beneficiaries.
If you intend to appoint more than one executor, they will be required to act jointly. If your executors do not know each other, do not get on or have very different personalities, there is a risk they will be unable to reach an agreement about how to administer your estate, possibly resulting in a deadlock situation, or worse, costly litigation to resolve the impasse.
I often find parents are determined to appoint all of their children to act as executors despite the fact they simply do not get on – this can be a recipe for disaster.
Choosing an executor is about selecting the single person who will act with your intentions at heart, in consultation with other family members and professionals, and ensure the estate administration process is completed as quickly and effectively as possible. It's NOT a popularity contest.
If you're not sure who to choose as your executor, make a time for an obligation free chat with Your Estate Lawyer today.
Additional resources:
Should I Make A Friend My Executor?
Fact Sheet: Executor Checklist
Fact Sheet: So You've Been Named As An Executor Now What!