BJ Mckenna's Blog /Choosing your Executors

Choosing your Executors

Choose your Executors wisely

We are seeing at the moment in our Probate department the importance of making sure that you choose your executors wisely when making your Will as choosing the wrong executors can cause many problems for your estate.

The role of an executor is a serious responsibility and it is important that you appoint the right people to be able to undertake that role.

In simple terms the roles of an Executor is to gather in all the assets, pay all the liabilities and distribute the estate in accordance with the Will or the law in relation to the rules of intestacy. In practice this is:

  • Notify all relevant parties
  • Arrange the funeral
  • Freeze the bank accounts
  • Secure the property
  • Summarise all the assets and debts
  • Pay tax if required
  • Prepare estate accounts
  • Distribute the estate correctly

Your executor must be a person or people you trust and you are confident will perform their duties as an executor appropriately and will abide by the wishes you have set out in your Will. If appointing more than one executor, it is important that they all get on well with each other.

Location of executors is also important. We would advise against appointing someone who lives abroad for instance as it would be difficult for them to deal with the estate from such a distance. People who live nearby would be better.

Example of how it can go wrong
We are dealing with several cases at the moment where the deceased appointed their children as executors. The children do not get on. This causes several problems; warring siblings cannot agree instructions and so it takes longer to deal with the estate and more time is spent liaising between the parties to try and come to an agreement. This can be costly for the estate. If your children do not get on, we would advise that you do not appoint them as your executors. It may be better to appoint a professional.

Professional executors
If you do not have any family members or close friends who you think would be able to undertake the role of an executor or if your circumstances are particularly complex, it may be advisable to appoint a professional executor.

Benefits of a professional executor:

  • Independent with no emotional connection. Easier to deal with the probate from an independent perspective.
  • Ensure everything is done properly and in line with the Will.
  • Professional executors deal with probate matters all the time and so know the procedures and can deal with the estate quicker.
  • Professionals are not thinking about the money, they are more concerned with making sure they perform their duties appropriately.
  • Family are still involved in personal matters such as sorting through and dealing with the deceased’s personal effects.
  • Appointing a solicitor as Executor can protect the estate. Should the solicitor breach their duties or act negligently there is a better chance of recovering the value of the estate through their professional indemnity insurance.

If you want some help with your Will, either reviewing an existing one or making a new one please get in touch. The initial appointment is free, and we will give you our recommendation at the end of the meeting and agree the next steps.

​Please call 0161 928 3848 or email our head of department at philippa.wright@mchaleandco.co.uk

Tuesday, January 21, 2025

Specialists in Wills & Probate in Stockport, South Manchester & North Cheshire.

By entrusting BJ McKenna and Co with your matter, we assume the role of Personal Representative, handling all associated duties on your behalf. You can rest assured that a skilled professional will safeguard your best interests throughout the process.

​If you have any questions, please don’t hesitate to reach out.

By entrusting BJ McKenna and Co with your matter, we assume the role of Personal Representative, handling all associated duties on your behalf. You can rest assured that a skilled professional will safeguard your best interests throughout the process.

​If you have any questions, please don’t hesitate to reach out.

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