Drafting a will forces a testator to think carefully about various matters. They need to consider how much support their loved ones need. They have to decide how to allocate their property and how their families should address their debts. They also typically need to choose an individual to manage estate administration.
A personal representative or executor directly influences the long-term impact that an estate has on beneficiaries. The way that they manage resources, communicate with beneficiaries and oversee the process can have major implications for beneficiaries.
How can people choose the right personal representative when drafting a will?
Focus on capabilities and morality
Some people are kind and diligent but may struggle to assert themselves in high-conflict situations. Those people may not be the best candidates to appoint as the personal representative of an estate. They may struggle to navigate conflict among beneficiaries or to assert themselves when people take issue with their actions.
Others may be assertive but may lack the organization necessary to oversee complex probate matters. Some people might even go so far as to embezzle from an estate to enrich themselves. The personal characteristics that testators need to consider carefully when choosing a personal representative include health, age, proximity, intelligence, organizational skills and reliability.
In many cases, the best candidate is not necessarily the person closest to the testator but rather someone they trust who won’t feel overwhelmed by grief after their passing. Testators also need to secure the consent of the people they nominate to ensure that they accept the responsibility of estate administration when the time comes.
Taking the time to select the right candidate can help testators feel confident about the legacy that they leave when they die and the protection of their dependent family members. The selection of a personal representative is an important aspect of drafting a will.