Picking an Executor: Who Should You Choose?

Choosing an executor for your estate is a key step in the will-writing process. There are many factors to consider, and it’s not always as simple as choosing a family member or friend. The job of an executor can be complex, involving many different tasks as they prepare the estate for distribution to beneficiaries. Before appointing an executor, it’s important to understand who is eligible, and who would be a good fit.

Who Can Be an Executor?

Almost anyone can be the executor of a will in BC. This can include beneficiaries named in the will, a spouse, a best friend or even a lawyer. The only requirement is that the executor is not a minor (they must be at least 19 years old).

Naming Multiple Executors

Will-writers are able to name multiple people as executors of their will – known as co-executors.  This is beneficial in some cases as it spreads the workload across multiple people. However, co-executors must agree to all decisions made on behalf of the estate. This can further complicate or prolong the estate administration process. Frequently, parents choose to name all of their children as co-executors in the interest of fairness. If some of the children have moved away, the task of coordinating the administration process can become more difficult. Naming co-executors can be beneficial in some cases, but can be detrimental in others. It is important to carefully consider who to appoint. In cases of co-executorship, it is essential that the executors are able to work well together.

Naming a Professional Executor

For will-writers looking for a truly neutral party to act as executor, a professional executor can be appointed. They are often lawyers, notaries or accountants. This will cost more than naming a loved one would, however, it will ensure that the estate is administered at a professional level. Sometimes, people choose to name a professional and a family member as co-executors. This way, the family member can handle most of the estate affairs, and the professional can assist them. This ensures that the administration is done properly and efficiently. For more on this, read our blog on whether you should appoint a professional executor or not.

Characteristics of a Good Executor

Will-writers should be sure that they are choosing the right person to act as executor of their will. Will-writers should choose an executor who is objective, trustworthy, lives nearby, and willing to take on the role.

a)      Objectivity

Executors must act in the best interest of the estate’s beneficiaries and strictly adhere to the will’s directions. If the executor is named as a beneficiary in the will, which they often are, they should always be acting from an objective standpoint. The executor cannot act in ways to maximize their benefit from the estate at the cost of other beneficiaries’ entitlements. Objectivity is essential to the estate administration process and it’s important that the executor can take a neutral position when making decisions on behalf of an estate.

b)      Trustworthiness

Because of the authority and power that an executor has over the distribution of an estate, will-writers should always name someone who they feel is trustworthy. Estate administration can involve handling large amounts of money – paying unpaid debts owed by the estate, selling estate assets, etc. Even though executors must provide a detailed account of everything that went in and out of the estate, an interested party must be very thorough to notice if the executor has attempted theft.

c)      Residing in the Same City

Naming an executor who is living near the place where the estate assets reside is very important. If someone who lives outside of Canada is named as executor, there can be significant complications as they transfer the estate’s assets. Further, they will run into a number of obstacles trying to fulfill all of their responsibilities while abroad. It is always recommended that the executor be someone who lives in the same city as the assets, or someone who can easily travel to the city for an extended period of time to administer the estate.

d)      Willingness

If you are named the executor of an estate in a will, you will not be forced to take on the role. Will-writers should talk with the people who they want to be their executor to ensure that they are willing and prepared to take on the responsibility. Someone who is unwilling or reluctant to administer the estate is less likely to do a good job of the administration, or could cause significant delays in the distribution of the estate. Even if you think someone would be a great fit for the job, you must make sure they are willing. Usually, the executor’s job requires significant time and energy, and the role can place a large burden on some.

If your estate is large and complex, it can feel like a second full-time job to your executor as they work to administer your estate. Ensuring that an executor understands the role they’re agreeing to and the tasks which they’ll be responsible for is important in making sure they can handle the job. It is advisable to discuss the role with the person who one would like to name as their executor before their death, as if an executor renounces their title after the death of a testator, the courts will have to appoint a new one which may conflict with one’s final wishes.

Ultimately, it’s up to the will-writer to choose who their executor should be. If you’re unsure who to appoint, contact an experienced estate lawyer today. We can help you to pick someone who will properly administer your estate.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.