Generally a will, will make reference to Executors. It is not obligatory to have executors in a will and a will is valid even if no executors are appointed. Executors are the persons that manage the affairs of the deceased after the deceased has passed. The are the persons charged with administration of the estate and their role is to collate the assets of the estate and in turn distribute the assets of the estate to those entitled under the will or under the provisions of law (called the rules on intestacy).
A person does not need a specific qualification to be an executor and a person making a will can appoint anyone as their executor. However there are some tips in considering who to appoint.
- Generally an executor must be of medium age, and essentially not so old that there is a chance that they may lack capacity when the person making the will dies or there is a likelihood that the executor will be deceased prior to the person who is making the will.
- It is helpful if the executor is someone who is “good with paper” that they are ordered and suited to administrative/office based type tasks.
- Likewise it is helpful if the executor is relatively numerate and can understand figures and accounts fairly well.
- A beneficiary under a will can be an executor and it is often the case that a beneficiary under a will is an executor
- A person who witnesses a will can also be an executor, as long as they are not a beneficiary under the will.
- It is generally the case that an executor is a trusted friend or relation of the deceased. It is somewhat considered an “honour” to be appointed as an executor and it can be at times read that the person who made the will held that person in esteem.
- It is generally advisable that a person should not be appointed an executor if that appointment is likely to inflame other beneficiaries or would cause upset.
- Further an executor is to be avoided if they are likely to be disruptive or purposely slow in administering an estate.
I hope this helps and if you have any queries about the appointment of executors, please reach out to me a info@kerrywills.ie. Colm Kelly