How to Choose an Executor for Your Will

‍When you write a Footprint Will, you appoint an Executor and you also have the option to appoint an Advisory Trustee. The names sound similar, but the roles do very different things. This guide walks through what each person does under New Zealand law, how the two roles fit together, and what to think about when choosing who should do these roles in your Will.

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What does an Executor do in a New Zealand Will?

Your Executor is the person responsible for managing and finalising your estate after you pass away.

Under New Zealand law, their role includes:

  • Applying for probate if required

  • Identifying and gathering your assets

  • Paying debts, taxes, and expenses

  • Distributing your estate to your beneficiaries

The Executor is the legal representative of the deceased. They make sure the instructions in your Will are followed, and they carry real legal and financial responsibility. If something is missed or mishandled, the Executor can be personally liable.

Footprint estimates that around 95% of personal Executors seek some form of professional help during estate administration. If you choose to include executor support in your Footprint Will, that help is available through our estate services partner, Perpetual Guardian, at no cost unless it is used.

You can also appoint Perpetual Guardian as your Executor or substitute Executor. A substitute Executor steps in if your chosen person is unable or unwilling to act when the time comes.

What is an Advisory Trustee?

An Advisory Trustee is typically a family member or close friend who can be involved in settling your estate without taking on the legal and financial liability of the Executor role. They liaise with and guide the Executor on matters relevant to your estate and the people it affects, without carrying the full weight of administration.

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How to choose the right people

Choosing an Executor is a personal choice, you may want to consider someone who is organised, trustworthy, and willing to take on the responsibility. For your Advisory Trustee, think about the people closest to your family, especially anyone who knows the personal context behind your wishes.

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Thinking about your own estate plan?

Choosing your Executor and Advisory Trustee is one of the most important parts of your Will. Footprint helps you build a Will that is clear, practical, and backed by professional support when it is needed. Start your Footprint Will online today.

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