Q: I have some property, and I hope to make a Will in the next few weeks. I have asked a friend to be Executor. Is it necessary to have two Executors? I want my property to be sold after my death. I haven’t told my Executors as I prefer, they didn’t know until they have to that they have to act on my behalf after I have passed on. I enjoy reading your column every week. Thank you in anticipation.
Dear Reader,
A straight forward answer to your question is that it is not necessary to have two Executors. That said you should probably name two Executors in your Will in the event that one is unable to act for whatever reason i.e. if they predecease you or if they simply do not want to act as an Executor. For example it not uncommon in a Will to see the following:
”I wish Joe Blogs to be the Executor of my last Will and Testament and in the event that Joe Blogs predeceases me or for any other reason is unable to act then I appointment Joe Smith to be my Executor”.
When picking an Executor and/or Executors it is very important that the person/people that you choose is good at administration. While Executors normally engage Solicitors to help them with the task, the Executors will have a certain amount of administration to do themselves, therefore they should be the sort of people who would be competent to do these tasks and who would wish to take on the obligation.
If you do wish to have two Executors, it would be very important that both Executors live in this jurisdiction and also important that they possibly live locally.
It would also be important that both Executors get on with each other. In the past we have had situations whereby two Executors named in a Will do not get on with each other and unfortunately the Extraction of a Grant of Probate is very slow, protracted, arduous and ultimately it cost the Estate more money because the Executors, while they have to follow the Will, one might not agree with certain aspects of the administration of the Estate which ultimately frustrates the Beneficiaries.
You state that you would prefer that the Executors not know they are Executors until such time as they have to act on your behalf. I would advise against this. For reasons as stated above there is considerable work to be completed by the Executors and you want to be sure that whoever you choose is willing to complete this work in a timely and efficient manner.
