How to Choose the Right Executor: True Stories of Success and Disaster

When it comes to estate planning, one of the most critical decisions you’ll make is choosing the right executor for your will. Your executor is responsible for managing your estate, ensuring your wishes are carried out, and dealing with legal and financial responsibilities after your passing. But what happens when the wrong person is chosen for the job?

Western Australia has seen its fair share of stories where executors have mismanaged estates, resulting in delayed inheritances, family disputes, and even court intervention. On the flip side, there are also tales of executors who successfully navigated the process with efficiency and fairness. In this blog, we’ll share true stories of success and disaster in estate administration and outline the qualities you should look for when appointing an executor.

What Does an Executor Do?

Before we dive into the case studies, it’s important to understand what an executor does. An executor is the person you appoint in your will to manage and distribute your estate after you pass away. Their duties typically include:

Lodging the will for probate (if required)

Collecting and safeguarding estate assets

Paying debts, taxes, and liabilities

Distributing inheritance to the beneficiaries

Maintaining clear and accurate financial records

The role comes with onerous legal responsibilities, and executors can be held accountable if they breach their duties. This is why selecting the right executor is essential.

Case Study 1: The Disastrous Choice – The “Unorganised Brother”

When Michael’s mother, Joan, passed away, she named her eldest son as the executor. While this might seem logical, it turned out to be a major mistake. Michael’s brother had good intentions but lacked the organisational skills and knowledge required for the role. He was slow to progress court documents for filing for probate and failed to keep proper financial records. Creditors were not paid promptly, and beneficiaries grew frustrated with the delays.

The situation escalated when one of the beneficiaries took the matter to court, claiming “executor mismanagement”. After a lengthy legal process, the court removed Michael’s brother as executor and appointed a solicitor to complete the administration of the estate. By the time the matter was resolved, legal fees had drained a significant portion of the estate, meaning the beneficiaries’ inheritance was reduced.

Lesson 1: Choose Someone with Strong Organisational Skills

Being an executor requires attention to detail, timely decision-making, and the ability to handle deadlines. It’s not a role for someone who procrastinates or struggles with paperwork.

Case Study 2: The Rogue Executor – Greed and Misconduct

In another WA case, a woman named Karen appointed her close friend Sarah as executor. Sarah initially appeared to be a trustworthy choice. However, once Karen passed away, Sarah began misusing her powers as executor. She transferred funds from the estate to her own account under the guise of “executor fees” and claimed additional funds as “expenses” that were never incurred.

Eventually, the beneficiaries discovered the wrongdoing and filed a complaint. After a lengthy legal battle, Sarah was ordered to repay the money, but by then, the estate had been significantly depleted, and legal costs further eroded the inheritance.

Lesson 2: Trustworthiness Is Non-Negotiable

Your executor has access to bank accounts, property, and all the financial assets of your estate. Choose someone with integrity and honesty who will act in the best interests of your beneficiaries. It’s often wise to appoint an impartial third party, like a solicitor or a professional trustee, if family dynamics are strained.

Case Study 3: The Success Story – A Professional Executor in Action

Contrast the earlier disasters with the story of John, a retired businessman. John appointed a professional trustee company as his executor rather than a family member. While this came at a cost, the result was seamless estate administration. The professional executor followed legal protocols, completed probate quickly, paid creditors, and distributed funds to beneficiaries within six months. The family received regular updates throughout the process, and the estate was closed efficiently and everyone was satisfied with the matter.

Lesson 3: Sometimes, a Professional Executor Is Best

In cases where the estate is complex, or family conflicts are likely, consider appointing a professional trustee or a solicitor as executor. While there are fees associated with professional executors, the cost is often worth it to avoid disputes, delays, and financial loss.

What Qualities Should You Look for in an Executor?

When choosing your executor, look for someone who has these key qualities:

1. Trustworthiness – The executor has access to your entire estate. Choose someone who will act honestly and responsibly.

2. Organisational Skills – Executors must juggle deadlines, legal processes, and financial tracking. Someone with strong attention to detail is essential.

3. Good Communicator – Executors must keep beneficiaries updated and handle their queries, so good communication skills are essential.

4. Legal and Financial Knowledge – Executors don’t have to be legal experts, but they must have a basic understanding of finance and administration.

5. Impartiality – Sometimes, family members have conflicting interests. A neutral party can ensure fairness and avoid disputes.

If none of your family members fit the bill, you can always appoint a solicitor or professional trustee as your executor.

When Should You Use a Professional Executor?

In some situations, it makes sense to avoid appointing family members as executors. Here’s when you should consider a professional executor:

Complex estates with multiple properties, trusts, or foreign investments.

Blended families where relationships may be strained.

If you have vulnerable beneficiaries, such as children or dependents with special needs.

If you suspect family conflict or believe disputes may arise.

Professional executors charge fees, but these fees are often less than the cost of litigation if a dispute occurs.

How to Appoint an Executor in WA

To formally appoint an executor, you need to name them in your will. The executor should be aware of their role and be prepared to accept the responsibility. When you create or update your will, you can work with a will lawyer in Perth to ensure your executor is properly appointed and has the legal authority to manage your estate.

If you’re unsure about appointing a family member, consider speaking with an estate lawyer who can help you assess the risks and determine whether a professional executor might be a better option.

Avoid Executor Disasters – Get It Right from the Start

Choosing the wrong executor can lead to significant estate delays, financial losses, and emotional stress for your family. On the other hand, a carefully chosen executor can ensure smooth and efficient estate administration, giving your loved ones peace of mind during a difficult time. The right choice matters.

At Bechelet & Co, our estate planning lawyers in Perth can help you select the right executor and create a legally sound will. 

We offer a complimentary 15-minute consultation to discuss your estate planning needs.


Book your free consultation today:https://bechelet.co/contact

Next
Next

The Costly Mistakes of DIY Wills: A Case Study of What Can Go Wrong