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Disco
Beginner

Who would I name as the executor of my will?

Disco, 16 September, 2008 at 12:14 Posted on Off Topic Posts 0 7

After some internet searching I'm still confused about this.

So apparently it's common for it to be a memebr of the family. So, then who? In the natural order of things my parents might not be around when I die. My husband? But assuming he doesn't die he'd be the major beneficiary. My son is a baby. Or perhaps my sister is a logical choice? Obviously I need to ask whoever it ought to be, and I'm doing it on Thursday, but I'm confused as to who it should be.

So would anybody mind telling me what they've done, or can anyone give me a professional perspective, please?

7 replies

Latest activity by SarahR, 16 September, 2008 at 21:51
  • BBD
    BBD ·
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    Doesn't matter if an executor is a main beneficiary. You could choose two, maybe husband and sister. Then you stipulate if they must work together or if they can do it alone. Have you thought about guardianship for your son?

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  • GMT
    Beginner December 2008
    GMT ·
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    Yes, it's often a family member of members who are named as executors. It doesn't matter if you are a beneficiary, you can still be an executor, too. My brother and I were joint executors for my dad, and we are both for mum, too. We were/are named in both wills as beneficiaries.

    My aunt and god-parents have named my brother as executor for their wills (apparently their old fashioned enough to thinki t's a man thing and that girlies should not be involved in such things!).

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  • S
    Beginner December 2007
    Sez ·
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    I'm sure you can be a beneficiary and still be executor as I know my parents have me down for this. Failing that some companies that provide a will writing service will be beneficiary included in the price.

    Sez

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  • Michpuss
    Rockstar May 2004
    Michpuss ·
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    H and I are named as each other executors. We've also named a close family friend as a second one (he happens to be a lawyer but thats irrelevant).

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  • S
    Beginner March 2007
    spyns ·
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    Presumably you and your H are doing mirror wills? (if you die he gets everything and if he dies you do) you need to think about what happens if you die together - who are the guardians for your son going to be? Perhaps they could be executors?

    If we both die our daughter will be looked after by my sister who will be the joint executor with my Mum.

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  • Disco
    Beginner
    Disco ·
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    Thanks, that answers my question.

    We have discussed guardianship, and thankfully agree that my parents are in the best position to look after him, should we both die.

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  • S
    Beginner May 2003
    Strawberry Fields ·
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    Most importantly you should appoint somebody you can trust, whether that be a family member or a friend. It is usual to nominate at least two executors and there is always the option of appointing a professional executor, ie one or more of the solicitors at the firm that is drawing up your Willl, although of course a professional executor will levy fees for acting in this capacity which will come from your estate, thus leaving less for your beneficiaries. As others have said, it is perfectly in order for a beneficiary to also be an executor. If one of your named exors were to die at the same time as you, the other executor(s) would administer your estate, thus the importance of appointing more than one person. You can of course have more than 2 exors, but I am not sure whether or not there is an upper limit. I have seen as many as 4 and to be honest you probably don't want any more than that as it would probably make things overly complicated.

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  • S
    Beginner December 2006
    SarahR ·
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    I would say to ask your sister if she's ok with it before you name her.

    My H has been dealing with his Nan's estate as an executor for nearly a year. She didn't have a complicated estate, a house, 5 or 6 bank accounts & shares in 13 different companies, but it's been a long drawn out affair! There are only 5 beneficaries.

    His cousin was the other executor but lives in York & it's been a real hardship them getting together to check everything is acted on correctly. It took quite a lot of researching to get probate & how to pay inheritance tax etc. I know there are times when he wishes they'd asked a solicitor to oversee things but the charges are big & the beneficaries didn't want to pay out extra fees as Nan had stated her choice of executors.

    So, after all this waffle, you do need to think carefully that your choice of executors know what goes with the job.

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