Appointing Executors and Guardians in a Will

Your Will should contain the name and contact details of the person you choose to be the Executor of your Will, and the same for who you want to be your child’s or children’s legal Guardian.

Your children’s legal Guardian (or Guardians) doesn’t have to be named in your Will, but we do advise it is done legally – that is, with the services of a solicitor – so there’s every chance your wishes will be upheld should your chosen Guardian be challenged.

Who can be an Executor?

The Executor’s job will be to make sure the terms of your Will are adhered to and the disposal of your Estate occurs as you wanted. They have a legal responsibility to do this.

Their duties may include distributing the Estate and paying bills and taxes. They may also be charged with following the guidance in your Letter of Wishes, if you have made one, though they are not legally required to do this.

• You can choose more than one person to execute your Will
• Executors can be – but do not have to be – solicitors or banks
• Some people choose their adult children to be Executors
• It’s a significant role with serious responsibilities
• Beneficiaries – people benefiting from the Will – can be Executors
• Executors must be over 18 and financially responsible

Guardianship

Families have become more complicated and so Guardianship is a topic that can’t easily be covered by a quick list. Each family situation is unique, so your first step should be to make an initial appointment so we can help you assess your needs.

For example, you might be a single parent with sole custody, for example, but that doesn’t mean your child should have to live with the other parent. You’re entitled to choose whoever you think would be the best parent.

And another: the Guardian named in your Will can be challenged by someone who thinks they have a better case for the child living with them. We do recommend naming a Guardian in a legal document because the Courts take notice, and the Courts are very sympathetic to the needs and welfare of children.

How to appoint an Executor or Trustee

We recommend speaking to us about your options and allowing our experienced team help you to draw up the necessary documents. Our professional advisers provide a sympathetic and efficient service, treating each case on an individual basis to ensure the solutions we offer are best for you personally.

Why choose Napthens?

• Cases handled with sensitivity and professionalism
• Highly experienced, specialists in Estate Planning and in inheritance disputes
• Clear advice tailored to your wishes and personal situation
• Specialists in complex personal and financial situations