The Executor named in your Will has the legal responsibility for carrying out your wishes and managing your estate after you pass away. While your lawyer may handle much of the day-to-day work, the Executor is the person formally in charge.
Legally, the Executor is responsible for:
Organising your burial or cremation
Paying any outstanding debts and bills
Distributing or selling assets in accordance with your Will; and
Dealing with any claims against the Estate.
It’s important to choose someone with the skills, judgement and impartiality to carry out these duties. The Executor has a responsibility to act impartially towards all beneficiaries of your Estate which is especially important in complex family situations – such as blended families or where tension exists between beneficiaries.
On a practical note, we recommend speaking with your chosen Executor, so they understand the role and your expectations. In our experience, making your wishes known to your Executor is equally as important as having them written down in a Will.