Who Should I Choose as My Executor?
Choosing an executor is one of the most important decisions you’ll make when creating your will.
Your executor is responsible for carrying out the instructions in your will and managing your estate after your death. It’s a role that comes with significant responsibilities, and choosing the right person can help ensure that your estate is settled smoothly and according to your wishes.
What does an executor do?
Your executor (also called your “estate trustee”) has a legal duty to manage your estate with honesty, care, and diligence. Their tasks might include:
Locating your will and applying for probate
Sending notices to beneficiaries
Paying debts, taxes, and other expenses
Distributing assets according to your will
Managing property or investments until the estate is settled
Depending on the complexity of your estate, this process can take months or even years.
What Qualities Should I Look For in an Executor?
The role of executor isn’t just honorary - it can be time-consuming and emotionally demanding. Here are some important qualities to consider:
Trustworthiness: Your executor will be handling your money, property, and private affairs. Choose someone you trust completely to act in the best interests of your estate and your beneficiaries.
Organized and Responsible: Administering an estate involves paperwork, deadlines, and coordination with lawyers, accountants and financial institutions. You should choose someone who is detail-oriented and reliable.
Good Communicator: Your executor may need to communicate with beneficiaries who have questions, concerns, or even disputes. Being diplomatic and clear is an asset.
Geographically Convenient: While not essential, it can be helpful to choose someone who lives nearby, especially if they may need to handle physical property or attend court.
Emotionally Steady: Administering an estate often happens during a time of grief. If your executor is likely to be overwhelmed emotionally, it may be best to choose someone more removed from the situation.
Who Can You Choose?
In Ontario, you can name almost anyone as your executor, including:
A spouse, adult child, sibling, or close friend
More than one person
A professional, such as a lawyer, accountant, or trust company
If you are considering choosing more than one person, think about whether they will be able to work well together.
Should Your Name an Alternate Executor?
Yes. It’s wise to name an alternate in case your first choice is unable or unwilling to accept the position when the time comes. Life circumstances can change, and having a backup ensures that your estate will still be managed without delay.
Professional vs. Personal Executors
For simple estates, a trusted friend or family member may be a perfectly suitable executor. However, if your estate is complex - perhaps involving a business, multiple properties, or difficult family dynamics - you may want to consider appointing a professional. Keep in mind that professional executors typically charge a fee, though personal executors may also be entitled to claim compensation.
Have the Conversation
Before naming someone as your executor, talk to them. Make sure they’re willing to take on the role and that they understand what’s involved. You may also want to let your family know who you’ve chosen and why - to help avoid confusion or conflict later on.
If you’re unsure who to appoint or need help drafting your will, we’re here to assist. Contact us to arrange a free consultation.
This blog post is for informational purposes only and is not intended to provide legal advice. If you require legal assistance, before taking any action you should contact us or another qualified lawyer to discuss your situation.
