When it comes to preparing a Will, many people focus on who gets what. Often, they overlook one of the most important decisions of all.
Who will be responsible for making it all happen? That person is your executor, and their role is critical.
The right executor can protect your legacy, support your loved ones, and run your affairs smoothly after you’re gone. The wrong choice can lead to confusion, delays, family tension, and even expensive legal disputes.
It’s a decision that deserves careful thought. Because no matter how clear your Will is, if the person administering it isn’t up to the task (or isn’t the right fit), things can go wayward quickly. Once problems arise with your chosen executor(s), it’s already too late to fix.
What does an executor do?
After you pass away, your executor is the person legally responsible for carrying out the instructions set out in your Will and administering your estate according to law. It’s a role that comes with serious responsibility, and more work than many people realise.
In Western Australia, an executor must take control of your assets, pay any debts or outstanding taxes (including your final tax return), and ensure what’s left is distributed to the right people in line with your Will. This often includes:
- Locating and valuing your assets, including property, bank accounts, investments, and personal belongings;
- Applying for a Grant of Probate through the Supreme Court of WA, which gives them the legal authority to act;
- Paying off debts, funeral expenses, and any liabilities (including tax);
- Dealing with superannuation, life insurance, or Trusts if relevant;
- Communicating with beneficiaries and keeping accurate records; and
- Distributing the estate as set out in your Will.
If a dispute arises (or if your Will isn’t clear), the executor may also need to respond to legal challenges or apply to the Court for guidance on how to proceed when certain legal issues arise.
It’s a role that can take months, sometimes longer, and one that must be approached with care and diligence. Executors can be held personally liable for mistakes, even when acting in good faith. That’s why the person you choose needs to be up to the task and practically able to see it through.
Learn more: A complete guide to Executor duties and legal obligations
Key qualities to look for in an executor
Not everyone is suited to the role of executor, and it’s not always the obvious choice who’s best. Just because someone is close to you, or older, doesn’t mean they’re the right fit. Emotions can often get in the way.
From our experience, we recommend clients look for these qualities when choosing an executor.
Trustworthiness
Above all, you need someone you can rely on. This person will have control over your estate, including bank accounts, property, and personal items. Integrity matters more than anything else.
Organisation and attention to detail
Administering an estate involves paperwork, deadlines, and record-keeping. A disorganised executor can cause delays, make costly errors, or trigger unnecessary stress for your beneficiaries and loved ones.
Impartiality
If there’s tension in the family (or even the potential for it), you want someone who can stay neutral and make decisions calmly. Executors often need to mediate between beneficiaries, deal with competing interests and act independently.
Availability and capacity
An executor needs time. Managing a deceased estate can take months, sometimes over a year, especially if disputes arise or assets are complex. Someone already overwhelmed or dealing with health issues may struggle to do what’s required of them.
Basic financial and legal understanding
While executors can (and often should) get legal and financial advice, a level head and some practical understanding of how money and systems work can make a big difference.
Importantly, your executor must be over the age of 18 and mentally capable of performing the role.
It’s also wise to check that your chosen executor is willing to take on the job. Many people appoint someone in their Will without asking them first, only for that person to later decline, creating unnecessary complications. The role of executor shouldn’t come as a surprise to them. They should be aware and ready.
Common mistakes people make when choosing an executor
We see it all too often, well-intentioned choices that end in conflict, delay, or even court.
Here are some of the most common missteps we advise clients to avoid.
- Choosing the oldest child by default
- Being the eldest doesn’t make someone more capable. Yet many people instinctively nominate their eldest child, even if they’re not suited to the role. It can create resentment among siblings and place undue pressure on someone who isn’t prepared or willing.
- Letting emotions lead the decision
- Appointing someone because it ‘feels fair’ or to avoid offending family members can backfire. Being an executor is not a reward or a sign of favouritism. In fact, it’s a legal and financial responsibility. Sentimentality should never outweigh suitability.
- Overlooking potential for conflict
- Family dynamics matter. If the person you appoint is likely to clash with other beneficiaries, or has a personal stake in the outcome, it can quickly escalate into dispute. In some cases, naming joint executors who don’t get along can be worse. Potential conflict should be avoided.
- Not having a backup
- Life changes. People move on, age, lose capacity, or pass away. If your chosen executor can’t take on the role when the time comes, having an alternate named in your Will can avoid delays and extra costs.
- Ignoring location or practicality
- While an executor doesn’t need to live locally, having someone physically close can make things simpler, especially if your estate includes tangible assets such as property or valuables.
Ultimately, the right executor is someone who can do the job well and not just someone you feel obliged to include.
The risks of choosing the wrong executor
A poorly chosen executor can cause more harm than good.
We’ve seen cases where the wrong choice has led to:
- Family breakdowns
- Executors who play favourites, withhold information, or fail to communicate clearly can inflame already tense situations. Disputes between siblings or other beneficiaries can quickly escalate when someone feels left in the dark or treated unfairly.
- Delays and added costs
- An executor who’s overwhelmed, unresponsive, or unsure of what to do can slow down the entire process. That means longer waits for beneficiaries, additional legal or accounting fees, and a lot of unnecessary stress for everyone involved.
- Legal liability
- Executors are personally responsible for carrying out their duties properly. If they mismanage the estate, distribute assets incorrectly, or fail to lodge tax returns, they could be held financially liable, even if it was an honest mistake.
- Disputes and litigation
- In the worst cases, poor decision-making or perceived bias by an executor can trigger legal challenges. This drains the estate’s value and leaves lasting damage to relationships.
Some executors are entitled to claim what’s known as executor’s commission, which is a payment in recognition of their time and effort in administering an estate. But if they’re not up to the task, that cost may feel undeserved or spark further tension among beneficiaries.
Learn more: When executors cross the line (how to spot and and prove misconduct)
When to consider a professional executor or trustee company
Sometimes, the best choice isn’t a family member at all.
If your estate is complex, it may be worth appointing a professional executor, such as a lawyer, accountant, or trustee company. These are independent parties with the experience, neutrality, and systems to manage the job effectively.
You might consider appointing a professional if:
- There’s tension or distrust among potential beneficiaries;
- You’re part of a blended family, or have estranged children;
- Your Will includes detailed instructions, multiple assets, or complex structures (like trusts, companies, or overseas property);
- You’re worried about emotional decisions overriding legal obligations; or
- You simply want to reduce the burden on your loved ones.
Appointing a professional executor or trustee company can remove the risk of personal bias, provide efficiencies, and ease the emotional weight for your family. While there are fees involved, these are paid from the estate, and often outweigh the potential cost of disputes or delays.
Some clients choose to name a professional as the primary executor. Others appoint them as a fallback if the original executor is unable or unwilling to act. It’s all about choosing what works best for your situation, now and into the future.
Review your executor choice regularly
Just like the remainder of your estate plan, your choice of executor shouldn’t be set and forgotten.
We recommend reviewing your Will every few years, or when major life events occur, such as marriage, divorce, the birth of a child, or a significant change in your assets or family circumstances. You should also consider if your executor(s) realistically remain up to the task.
If your chosen executor is no longer the right fit, update your Will accordingly. A little foresight now can save your loved ones from uncertainty and conflict later on.
Get your Will (and your executor) right from the start
A well-drafted Will is only half the story. If the wrong person is in charge, it can all come undone fast. Don’t leave it to chance.
At Solomon Hollett Lawyers, our Perth Wills and estates lawyers help you get it right from the beginning. Speak with our team today and take the first step towards a plan that protects what matters most.
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