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Wills - who to appt as executor/trustee/guardian etc

(5 Posts)
Alsoflamingo Wed 05-Nov-14 10:40:08

Anyone have any advice here? DH and I are finally getting on with doing our wills (not before time…), but I don't have siblings which makes it rather hard to know who to appoint in any of the key roles.

Presuming I need to call a good friend and ask if they'd be happy to be put down - but a hell of a thing to ask someone and feels really awkward. No one has ever asked me something like that so just not sure what protocol is. Wonder if you can put someone down without asking them (coward).

Just keep putting this off and need to finally do it, but this whole area is what I keep tripping up on.

PigletJohn Wed 05-Nov-14 11:10:07

Somebody considerably younger than you so they will hopefully be active after you shuffle off. Somebody trustworthy who likes you enough to take it on. Somebody who will be able to deal with tedious paperwork. Somebody who will not give in to people who come out of the woodwork saying "she always said she wanted me to have...." or "A memento would be nice, I've always liked..." (these people often have an emotional attachment to the nicest and most valuable objects)

The Executor can employ a solicitor (and change or sack them if dissatisfied). If you make the solicitor, or bank or other professional, the actual Executor, there is no-one employing them and they can do more or less what they like, and if they are slow or inefficient there is no-one to boot them off.

Mumblechum1 Wed 05-Nov-14 13:56:17

Hi OP, I'm a willwriter and generally advise my clients to appoint two people who act on both wills (assuming that you're a couple).

The ideal is to have one executor from each side,so for example both wills appoint the husband's brother and the wife's sister. It's generally best to have a separate guardian, to avoid any potential conflict of interest.

Remember that the important thing is that the executors are absolutely trustworthy. They don't need to be financial whizzkids, and in every will I write I include provision for them to take expert advice from solicitors and accountants if necessary, and those fees (executorship expenses) are taken from the estate.

As piglet john mentioned, it's best to avoid appointing parents, who are obviously likely to die before you.

Theysawus Wed 05-Nov-14 14:02:10

Sorry to gatecrash, but we also have this issue. No siblings. I don't know anyone 'considerably younger' than me (other than people under 18!).

Mumblechum1 Wed 05-Nov-14 18:15:58

Theysawus, I wouldn't worry about getting anyone younger; as mentioned in my post, I generally advise clients to appoint siblings/close friends unless they have adult children who can of course act as executors, notwithstanding that they are also beneficiaries.

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