Let's be honest, thinking about your Will isn't exactly a fun weekend project. But it’s one of the most important things you can do to protect the people you care about. While writing down who gets what is a big part of it, there's another decision that’s just as crucial: choosing your executor.

Think of your executor as the captain of your ship after you’ve sailed off. They’re the person you trust to steer everything in the right direction, from planning your funeral to making sure your assets end up with the right people. It's a role that demands a lot of trust and a steady hand, so you don't want to choose lightly. This guide will walk you through exactly what an executor does and how to pick the right person for the job.

What is an executor?

An executor is the person, people, or organisation you name in your Will to wrap up your estate when you're gone. They have the legal responsibility to follow your instructions to the letter.

You’ve got a few options here:

• A single person: This is usually someone you trust completely, like your partner, an adult child, a sibling, or a close friend.

• A few people: You can appoint up to four people in Australia to act as joint executors. The catch is they have to agree on everything, so you’ll want to pick a team that can actually work together.

• A professional trustee: If you don't have someone suitable or if your affairs are a bit complicated, you can hire a professional. This could be a solicitor, an accountant, or the Public Trustee. They charge a fee for their work, which comes out of your estate.

What does an executor actually do?

Being an executor is a big deal. It’s way more than just reading the Will out loud to the family. The role is packed with legal, financial, and administrative tasks that can be complex and take a lot of time. Knowing what’s involved will make it much clearer why picking the right person is so important.

The executor's to-do list

Here’s a look at the to-do list your executor will be working through:

1. Find the original Will: First things first, they need to get their hands on your official, signed Will. It’s a good idea to tell them where you’ve stashed it for safekeeping.

2. Organise the funeral: They’ll make sure your funeral goes ahead as you wished and that the costs are covered by your estate.

3. Apply for probate: This is a big one. Probate is the court's official stamp of approval on your Will, giving the executor the legal power to manage everything. In most cases, they'll need to apply for this from the state's Supreme Court.

4. Notify everyone: They’re in charge of letting all the beneficiaries know what’s happening. They also have to contact organisations like banks, insurance companies, the Australian Taxation Office (ATO), and Centrelink.

5. Take stock of assets and debts: This means making a full list of everything you own (your house, bank accounts, investments) and everything you owe (mortgages, loans, credit card bills).

6. Settle all the bills: Before any inheritance is paid out, your executor has to use the estate's money to clear your debts, file a final tax return, and pay for any admin costs.

7. Look after your assets: Until everything is distributed, the executor is responsible for managing your assets. That could mean keeping your house in good shape, handling investments, or even overseeing a business.

8. Keep detailed records: They need to track every dollar in and out of the estate. Beneficiaries can ask to see a full account of how things were handled.

9. Distribute the estate: Once the debts and taxes are sorted, their last major job is to hand out the remaining assets to the people you’ve named in your Will.

10. Defend the Will: If someone decides to challenge your Will, it's the executor's job to step in and defend it in court on behalf of the estate.

This video provides a clear breakdown of what an executor is, who can be one, and what their responsibilities include.

Choosing the right executor

The perfect executor isn't just someone you trust. They also need to be able to handle the sometimes stressful and complicated tasks we just went over. Making a good choice now can save your family a lot of headaches down the road. Here are the main things to think about when you choose an executor for your Will in Australia.

Trustworthiness and reliability

This one’s a dealbreaker. You have to be 100% confident that this person will act honestly and put your estate's interests first. They need to be committed to following your wishes exactly as you've written them, even if they personally would have done things differently.

Willingness and capacity

Being an executor is a marathon, not a sprint. It can easily take a year or more to finalise an estate. Before you put someone’s name down, sit down and have a real conversation with them. Make sure they understand what they’re signing up for and are genuinely okay with it. They’ll also need the emotional strength for the role, especially since they’ll likely be grieving too.

Age and health

This might feel a bit awkward, but it's practical. You should pick someone who is likely to be around longer than you and in good enough health to do the job. Naming someone who is elderly or unwell could mean they aren’t able to step up when the time comes. This is exactly why you should always name a younger person as a backup.

Organisational skills and financial smarts

The executor's job is loaded with admin. They'll be on the phone with lawyers, accountants, banks, and government departments. Someone who is organised, pays attention to detail, and isn't afraid of a spreadsheet will find the whole process much less stressful.

Impartiality

Unfortunately, inheritances can sometimes bring out the worst in families. Your executor needs to be a fair, level-headed person who can stay neutral, particularly if there’s a chance of conflict between beneficiaries. As one Reddit user wisely put it, you need someone who can handle relatives who might "be complete assholes about the process" without getting dragged into the drama.

Location and residency

While you can legally appoint someone who lives overseas, it can make things very difficult. An executor living in Australia will have a much easier time dealing with local banks, courts, and government bodies. Having only overseas executors can also trigger some messy tax issues for the estate. It’s always best to have at least one executor who lives in Australia.

Learn about the important qualities to look for in an executor, such as trust and reliability.

Who can you appoint as an executor?

In Australia, you can appoint anyone over 18 who is of sound mind. Here are the usual suspects and the pros and cons for each.

Family members and friends

• Pros: This is the most common choice for good reason. They know you, they know your family, and they usually won’t charge for their time (though they can be repaid for any expenses). They’re often personally invested in getting things right for you.

• Cons: Your best mate might be great at a BBQ but a bit lost when faced with a pile of legal documents. The role can also be incredibly stressful, and they might be too caught up in their own grief to handle it well. In some cases, appointing one child over another could stir up old family tensions.

Professional executors

• Pros: Professionals are experts who bring total impartiality to the job. They know the process backwards and can handle tricky estates without breaking a sweat. If you’re worried about family fights or have a complex estate with business assets, a professional can be a smart choice.

• Cons: They charge for their services. These fees are paid out of the estate, which means less is left over for your beneficiaries.

Multiple or joint executors

• Pros: You can name up to four people to share the load. This can be a good way to get the best of both worlds, like appointing one of your kids for their personal knowledge and an accountant for their financial skills.

• Cons: Joint executors have to agree on every single decision. If they can't get on the same page, the whole process can grind to a halt, leading to delays and legal fees.

Naming a substitute executor

• This is a must-do. Life happens. Your first choice might pass away, get sick, or just feel they can't handle it. You should always, always name at least one backup executor. If you don't, and your main pick can't act, the court will appoint someone for you, which adds cost, delay, and a whole lot of uncertainty.

Appointing a beneficiary as an executor

• It’s very common to name a major beneficiary, like your partner or an adult child, as your executor. For most simple estates, this works just fine. But it's worth thinking about whether this might create a conflict of interest or cause tension with other beneficiaries.

Understanding the demands of the role

Before anyone says "yes" to being your executor, they should know exactly what they’re getting into.

• Time Commitment: This isn't a quick job. Settling an estate can easily take a year or more and requires pretty consistent effort to keep things on track.

• Potential for Drama: If anyone disagrees with or challenges the Will, the executor is the one on the front line. They need to be ready for some tough conversations.

• Personal Liability: An executor has a legal duty to do what's best for the estate. If they mess up badly, like handing out money before all the taxes are paid, they could be held personally responsible for the shortfall.

• Knowing When to Ask for Help: Executors aren't expected to be lawyers or accountants. They have the right to hire professionals to guide them, and the fees for that advice are paid by the estate.

Pro Tip: Never spring this on someone by just naming them in your Will. Have a proper chat about it first. Make sure they understand what's involved and are genuinely willing to take it on.

Final recommendations

With all that said, here are a few last bits of advice to help you lock in your choice.

1. Have 'The Talk' First: Always get their permission before you make it official in your Will. It’s a huge ask, and they have every right to say no.

2. Appoint at Least One Substitute: This is your safety net. It makes sure your estate can be managed smoothly, no matter what happens.

3. Lean Towards Australian Residents: It’s just so much easier from a practical and tax perspective to have at least one executor living in Australia.

4. Consider a Pro for Complex Situations: If your estate is large, involves a business, or you have a feeling there might be family drama, bringing in an impartial professional is a wise move that can save everyone a lot of stress.

How modern tools can help

If all this sounds like a lot to juggle, you're not wrong. But you don't have to figure it all out on your own. Modern tools are making the whole process of creating a Will and appointing an executor much more straightforward.

Online platforms like Willfully.com.au are built to walk you through these big decisions clearly. The easy-to-follow questionnaire helps you think through all the important factors, making it simple to appoint both your main and backup executors.

With Willfully, you don't have to stress about getting the legal wording right. The platform makes sure your choices are documented correctly, and best of all, a qualified Australian lawyer reviews every Will. This gives you the peace of mind that your Will is legally solid and your choice of executor is properly recorded.

Choose wisely and talk openly

Choosing your executor is a huge part of preparing your Will. This person is the guardian of your legacy, and their job is to make sure your final wishes are carried out. The best person for the role is someone trustworthy, capable, and willing to see it through.

Remember to have an open conversation with the person you choose and always name a backup. A legally sound Will with a well-chosen executor is one of the kindest things you can do for your family, as it removes doubt and stress when they’re already going through a tough time.

Ready to protect your loved ones and make your wishes clear? You can create your lawyer-reviewed Will online in minutes with Willfully.com.au and get the peace of mind you deserve.

Frequently Asked Questions

What qualities should I look for when I choose an executor for my Will in Australia?

You should look for someone trustworthy, reliable, and willing to take on the role. Good organisational skills, financial literacy, impartiality, and being an Australian resident are also key practical considerations.

Is it okay to choose an executor for a Will in Australia who is also a beneficiary?

Yes, it is very common and generally acceptable to appoint a major beneficiary, like a partner or adult child, as your executor. However, for complex estates or potential family conflict, consider if this might create perceived conflicts of interest.

What if the person I choose as executor for my Will in Australia isn't able to act when the time comes?

This is why it's crucial to always name at least one substitute or backup executor in your Will. If your primary choice cannot act, the backup can step in, preventing delays and the court having to appoint someone.

Can I choose an executor for my Will in Australia if they live overseas?

While legally possible, it's generally advised against appointing only overseas residents to manage your Will in Australia. An Australian resident executor makes dealing with local banks, courts, and tax matters significantly easier and avoids potential tax complexities for the estate.

When should I consider a professional executor for my Will in Australia instead of a family member?

Consider a professional executor if your estate is large or complex, involves business assets, or if you anticipate family disputes. They offer impartiality and expertise, although they will charge a fee from your estate.

What is the time commitment for an executor of a Will in Australia?

Being an executor is a significant time commitment, often taking a year or more to finalise an estate, sometimes longer. It requires consistent effort to manage legal, financial, and administrative tasks properly.

What are the main risks if I don't carefully choose an executor for my Will in Australia?

If you don't carefully choose an executor for your Will in Australia, your estate could face delays, increased legal costs, or even mismanagement. Poor choices can lead to family disputes and unnecessary stress for your loved ones during a difficult time.