Appointing An Executor

[Argee]

When making a will do you have to appoint an executor? What happens if you dont?

[RocW]

If you do not, who is going to execute your will?

[amberhurst]

You do need to appoint an executor, who ensures that all of your wishes are carried out and your estate given to any beneficiaries. From personal experience I would recommend that you make this a solicitor or will writing company, not an individual.

[Argee]

Thank you both for your advice.

[factor-fiction]

In my experience it does not need a solicitor to act as executor unless the estate is very complicated and you are prepared to see a fair chunk of the estate to go to the solicitor in admin fees. I certainly haven't seen a need to appoint a will writer as an executor.

To answer the question though, I can't see any reason NOT to appoint an executor. It's a good idea to get their agreement first though as although it's often straightforward it can be time consuming.

[woofgang]

Not sure why you wouldn't want to?

[Buenchico]

If there's no valid executor for any will, for whatever reason, the Probate Court will appoint an Administrator to handle the estate.

However the situation is definitely one to be avoided as it can result in large legal expenses being paid from the estate, together with lengthy delays.

Name one or two (non-professional) executors, plus at least one 'reserve'. Don't name a solicitor. Leave it up the executors to decide whether they need to engage profession help.

[Peter Pedant]

oh and appoint a beneficiary as an executor.... so that if they dawdle the beneficiaries have a handle on things

so in answer - not appointing an executor doesnt invalidate a will (like a beneficiary signing as a witness does)
but does make it loook pretty odd.

think teddy bear with three legs or no head.....odd like that

[FredPuli43]

Never, never, appoint a solicitor, bank officials , will writer (or other professional who can take a cut out of the estate, and will) as your executors. It doesn't matter how complicated the estate is. Appoint executors other than people in those categories, and tell them that they will be able to use probate solicitors, accountants, valuers, etc as necessary, the bills coming out of the estate, they being bills of the estate.

[Canary42]

My solicitor actually advised me against appointing him (or any other solicitor) as Executor to my will. His recommendation was to appoint a specific person (usually a relative) and if the estate was complicated then that person could quite legitimately appoint a solicitor of their choice to execute the Will rather than tie it into one at the time the will is drawn up. This I did, and explained it to the Executor I appointed.

[woofgang]

Canary, so did mine. When i needed help when i lost DH, he did it on a job by job basis, only doing (and charging for) the things that I didn't want to take on myself.

[tonywiltshire]

I do not understand why anyone with testamentary capacity would have a Will produced without appointing an executor to administer the estate after their death.
I do though agree with not appointing an executor who is also your Solicitor in my experience most people appoint the main beneficiaries as executors as it is in their interest to ensure the wishes of the testator are strictly carried out.

[Barmaid]

If you dont appoint an executor (or if you do appoint an executor and they are then unwilling or unable to act), the Non Contentious Probate Rules 1987 set out who is entitled to administer the estate and who has priority. If there are two people with equal priority, the first to apply (if there are no objections) will be appointed.