- An executor must be 21 or over, of sound mind and not bankrupt.
- A beneficiary, such as a spouse or adult child, can also be an executor.
- Naming a back-up executor avoids problems if your first choice cannot act.
- A guardian named in your will normally acts together with a surviving parent.
What an executor does
The executor is the person named in a will to administer the estate. In practice that means applying to court for a grant of probate, gathering in the assets, paying funeral expenses, debts and taxes, keeping proper records, and then distributing what is left according to the will.
Executors must act fairly in the interests of all the beneficiaries, and beneficiaries can ask to see the estate accounts. It is a real responsibility, and can take a good deal of time and paperwork.
Who can be an executor
An executor should be at least 21 years old, of sound mind and not an undischarged bankrupt. No legal qualification is needed. A beneficiary can also be an executor, and it is common to choose a spouse, adult child, sibling or close friend.
Some people prefer a professional, such as a lawyer or a licensed trust company, particularly for complex estates or where family relationships are strained.
More than one executor can be appointed, but co-executors have to work together, so choose people who are likely to cooperate. It is also sensible to name a substitute who can step in if your first choice dies, is unwilling, or cannot act. If you name a child who is still under 21 when you die, someone else will need to act in the meantime, which is another reason to name a substitute.
Practical questions to ask yourself
- Do I trust this person to be honest and even-handed with everyone?
- Are they organised, and willing to deal with banks, forms and the court?
- Will they realistically be available, and are they likely to outlive me?
- Have I asked them, and are they comfortable taking it on?
If an executor cannot or will not act
A named executor cannot be forced to take on the role. They can formally renounce it, and doing so does not affect anything they inherit under the will. If a substitute is named, the substitute takes over. If no executor is able to act, a beneficiary or other entitled person can apply for letters of administration with the will annexed, and the estate is still distributed according to the will.
Executors are generally expected to apply for probate within about six months of the death, and beneficiaries can take steps through the court if an executor delays without good reason.
Appointing a guardian for your children
Under the Guardianship of Infants Act, a parent can appoint a 'testamentary guardian' in a will for children under 21. The appointment takes effect when that parent dies.
If the other parent is still alive, they remain the child's guardian, normally acting jointly with the guardian you appointed. If the surviving parent objects, the guardian can ask the court to decide, and the court may leave the parent as sole guardian, make them joint guardians, or in some cases make the appointed guardian the sole guardian. If both parents have died without appointing anyone, the court decides who should be guardian.
Choosing the right guardian
A guardian does not have to be a relative. What matters is that they are willing and able to raise your children, share your values, and have a good relationship with them. Many parents also consider the person's health, age and circumstances.
The guardian and the executor do not need to be the same person. Some parents use a trust in the will so that money for the children is managed separately from their day-to-day care. A lawyer can review your situation and explain your options.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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