Your Executors Help

Choosing the Right People for Your Will

Executors are the people legally responsible for carrying out your Will after your death. This guide explains who Executors are, what they do, how to choose wisely, and common mistakes to avoid. It's written in plain language for New Zealand families.

What do Executors do?

Executors have legal authority once probate (court approval) is granted. Their duties include:

Applying for probate - the court's approval to administer your estate.
Collecting and safeguarding your assets.
Paying debts, taxes, and expenses.
Distributing what remains to your beneficiaries.
Handling admin tasks: closing accounts, notifying agencies, and working with professionals as needed.

Who can be an Executor?

Any adult (18+) of sound mind - commonly a spouse, partner, adult child, or trusted friend.
Non-family people (e.g., accountant, teacher, business owner) can also act.
Appoint up to three Executors, plus an optional Backup Executor for certainty.
Minors can be named but cannot act until they turn 18.

How should your Executors act?

Executors can act together (Jointly), individually (Jointly and Severally), or successively (In Succession).
Jointly - All Executors must make decisions and sign documents together. Example: All must agree and sign before any Estate asset can be sold or a bank account closed.
Jointly and Severally - Any one Executor can act independently, or they can act together. Example: If there are three Executors, any one of them can sign a document or handle tasks on behalf of the others.
In Succession - Executors act in a specific order. If the first named Executor is unable or unwilling, the next one steps in. Example: If your primary Executor declines or cannot serve, your backup becomes the acting Executor.

How do I choose an Executor wisely?

Pick someone trustworthy, organised, and ideally living in New Zealand.
Confirm with them to make sure they are willing and able.
If conflict is likely, consider a strong or neutral choice; potentially use a professional only for complex estates (fees apply).

Common mistakes to avoid

Naming someone who hasn't agreed or isn't reliable.
Choosing an overseas Executor (adds cost and delay).
Appointing too many Executors (can cause deadlocks).
Not naming a Backup Executor if you only have one named Executor.

Most people: Choose a spouse, partner, or adult child living in New Zealand — and add a backup.

Note: Executors can also be beneficiaries. Professional Executors charge fees.

Typically: Families name one or two trusted relatives, with a backup Executor for certainty.

Recommendation: Record your chosen Executors in your draft will and check with them. You can update this later if circumstances change.

Quick Questions

Can a beneficiary also be an Executor? Yes — very common in NZ wills.
Do Executors need legal training? No. Organisation and fairness matter most.
How can I change my Executor later? Update your Will — a new will replaces the old one.

🔍 Need more answers? See the full Executor FAQs for 10+ detailed questions and answers.

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