Ensure your wishes are carried out

We all want our wishes to be carried out after our death. There are many matters to consider - who should look after my affairs, who should have my property, should I create a trust?

All these considerations are deeply personal and the answers can have profound consequences for both you and your family. It is therefore vital that you do everything you can to ensure what you want to happen actually does happen after your death. All these objectives can be achieved through a well-drafted Will.

One of the most crucial issues is who you trust to deal with your property and affairs after your death. These people can be appointed in your Will and are known as your executors. This role can be a big responsibility – you are, after all trusting them with all your worldly goods. You may have a house that needs to be sold or you may have valuable and complex assets. As a result you need to be confident that your executors are able to cope with these complexities. You may also be concerned about your children and family. They may not fully understand why you have chosen to do what you have. Sadly, the administration of an estate does not always bring out the best in people. A well-chosen, level-headed and responsible executor can ensure that your wishes are carried out in a sensitive and respectful manner.

A further consideration with the appointment of your executor may be whether you feel a trust is required. You may have vulnerable children, or you may wish to set a portion of your estate aside for your grandchildren. Your executors will often become the first trustees of these trust arrangements. They will have to see that the money is set aside for this purpose, is properly invested and that it is ultimately applied for the best benefit of the beneficiaries.

The age of your executors should also be considered. It is generally best to choose executors that are a generation younger than you. After all, your executors cannot carry out your wishes if they have died before you, or are suffering from some mental incapacity.

In conclusion, a well-chosen executor will be trustworthy and mentally able, always considering your wishes as expressed in your Will as paramount. However, it all starts with a well-drafted Will, without which you leave too much to chance.

Contact Adam Jessup, one of our private client solicitors on 01983 524741 for more support and advice.

Summary: 

We all want our wishes to be carried out after our death. There are many matters to consider - who should look after my affairs, who should have my property, should I create a trust?