General information only — not legal advice. This guide describes the executor role and common considerations in general terms. It is not tailored to your estate or family situation. If your circumstances are complex — or you are unsure who to name — get advice from a qualified New Zealand wills and estates lawyer.
Why the choice matters
Your executor is the person who will carry out the wishes in your will after you die. They collect your assets, pay your debts, apply for probate where it is needed, and distribute what remains to your beneficiaries. It can be a long job — often taking many months — and it carries real responsibility. Choosing the right person is one of the most important decisions in your will.
What the role actually involves
Before choosing anyone, it helps to understand what you are asking them to take on:
- finding and looking after your original will and related documents;
- working out what the estate owns and owes;
- applying for probate where required;
- collecting bank accounts, property, shares and personal possessions;
- paying valid debts, expenses and taxes of the estate;
- distributing the estate to beneficiaries according to the will; and
- keeping records and dealing fairly with everyone entitled to the estate.
The executor can usually get professional help with the technical parts, and the reasonable cost of that help is generally an expense of the estate — but the executor still carries the overall responsibility.
Qualities to look for
In general terms, a good choice is someone who is:
- honest and trustworthy — they will be handling money and property on behalf of others;
- organised and careful with details and paperwork;
- willing to take the role — never name someone without asking them first;
- likely to be available and able to act when the time comes;
- calm and sensible under pressure, especially if family members disagree;
- willing to ask for professional help when an estate is complex; and
- someone who can stay impartial, even when family relationships are strained.
Age and health are practical considerations. The role usually happens years after the will is made, so name someone who is reasonably likely to be able to act, and always include a backup.
Who people commonly choose
- a partner or spouse — the most common choice, especially for straightforward estates;
- an adult child or close family member — often practical, though it can create tension between siblings;
- a trusted friend — a good option when family relationships are complicated;
- a professional — such as a lawyer, accountant or trustee company — for complex estates or when there is no obvious family member; or
- a combination — for example, a family member and a professional acting together.
An executor can also be a beneficiary. That is normal and often sensible — the two roles are different, and most executors are also the people closest to you.
Things to think through before deciding
- Relationship dynamics: naming one child as executor can create friction among siblings. Talk openly about it.
- Impartiality: if you expect disagreements, choose someone who can stay neutral.
- Geography: an executor does not have to live nearby, but being close can make the practical work easier.
- Complexity: a business, trust, overseas assets or complicated family structures may favour a professional, or a family member backed by a professional.
- Commitment: the role can take many months and involve difficult decisions. Make sure the person understands and accepts that.
- Conflict of interest: if your executor is also a beneficiary, they must still follow the will faithfully and not favour themselves.
Ask before you name them
Always ask the person before naming them as executor. Being told after the fact that they have been given a significant responsibility can be a shock, and someone who does not want the role can decline it. Asking also gives you the chance to explain what is involved and to confirm their contact details are correct.
Name a backup executor
People’s circumstances change. Your first choice might move overseas, become unwell, or simply no longer be able to act. Naming a backup executor means there is someone ready to step in without the estate being left without a decision-maker.
Can you have more than one executor?
Yes. You can name two or more executors, and they will generally need to act together. Multiple executors can be useful when one is a family member and one is a professional, but consider whether the people you choose will be able to work together — disagreements between executors can slow everything down.
You can change your executor later
Your choice of executor is not permanent. If your circumstances or relationships change, you can make a new will that names a different executor. A new will replaces an earlier one, provided it is made and signed correctly. Review your executor choice whenever your life changes — marriage, separation, a move, or a falling out are all good reasons to look again.
A short checklist
- Choose someone honest, organised and willing to take the role.
- Ask them first, and explain what is involved.
- Consider how your choice will feel to other family members.
- Name a backup executor (or two).
- Tell your executor where the signed original will is kept.
- Review your choice when your circumstances change.
The bottom line
The best executor is someone you trust completely, who understands the responsibility, and who is willing and able to act when the time comes. Choose thoughtfully, ask first, name a backup — and revisit the decision whenever your life changes.
