Have you really thought about your Executor or Attorney?

By Pamela Wardle, Legal Practitioner Director

If you are considering making a Will or an Enduring Power of Attorney and need to appoint an executor or attorney, respectively, there are certain criteria that your executor or attorney must satisfy.  Some of these are well known, such as your trustee must be over the age of 18.  Others are less considered.

A person cannot be your executor or attorney if:

1.       they are incapable understanding the nature of the power you have given them or the nature of the decisions you will need them to make after your death or during your incapacity;

2.       they are bankrupt or insolvent; or

3.       they have died.  This may seem obvious, but it may be relevant if you consider appointing someone who is elderly, very ill or in a high-risk situation.

It is also important to ensure your executor or attorney is someone you can trust to carry out your wishes and look after your best interest.  This not only means that your executor or attorney must be someone who will respect and honour your beliefs and desires as you state them in your Will or Enduring Power of Attorney (and have the stamina to fight for them) but your trustee or executor must be physically able to carry out your wishes (ie in a reasonable location or physically able to sign documents and attend to administrative matters). 

It is important to consider who to appoint as your executor or attorney very carefully because appointing an inappropriate person may be unexpectedly disappointing for you or those you love.