Choosing an Executor for Your Will in a Blended Family Situation

With the complexities that can arise in blended families, it is important to ensure that the directions in your will are carried out efficiently and fairly, providing peace of mind for you and your loved ones.

Choosing the right person to be an executor for your will is important. 

Before choosing who is to act as executor, it is essential to understand what the role of executor encompasses. An executor is the person responsible for administering your estate after your death.  This involves “getting in” or liquidating your assets, paying any debts, and then distributing your assets, and ensuring that your directions, as outlined in your will, are followed. In a blended family situation, the role of executor becomes even more significant, as there may be multiple beneficiaries with varying interests and needs.

When selecting an executor, you must choose someone who is able to be impartial, is confident in financial matters and also a good communicator, as there may be complex financial arrangements, such as multiple properties, businesses, and investments to deal with.

Most people choose those who are close to them. However, this can cause issues, especially in a blended family situation where conflicts can arise due to the involvement of stepchildren, former spouses or partners, and multiple families.

It can be helpful to appoint someone who is seen by the beneficiaries (who may be children from each partner/spouse’s earlier relationships) as neutral in the sense of not being a beneficiary and not related to you.  Alternatively, appointing a person to act as executor from each side of the family, (for example, a child of each partner or spouse who are able to work well together), may sometimes be appropriate.

We recommend that you choose more than one person to be your executor, and who can navigate such complexities fairly or, if you decide to appoint only one person to act in the first instance, you appoint a successor person in the event that the first appointed person is unable or unwilling to act.  If finding the right people proves to be a difficult decision for you, then you may wish to consider appointing an executor, provided by a law-firm or other professional organisation,  such as Pitt & Moore Lawyers.

We recommend that you consult with a legal professional for guidance when selecting executors for your blended family will.  Seeking legal advice can help address any concerns or complexities specific to your situation, ensuring that your estate is handled in accordance with your wishes and the law and helping to avoid conflicts and disputes arising after you have died.

If you would like more in-depth advice or further information about the content of this article, please get in touch with the team at Pitt & Moore on 03 5488349.

Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.