After talking to clients about the planning of their affairs, we at Walker Foster discovered a common misunderstanding over the difference between an executor and an attorney.
While both are responsible for managing someone else’s affairs, they serve different purposes at different times.
Understanding these distinctions is important so that you can appoint the right people for the role.
In this blog post, Walker Foster’s Wills & Probate Executive Cay Schofield defines the differences between the two and the responsibilities that each role has.
While both executors and attorneys handle a person’s (the ‘donor’s’) affairs, the fundamental difference between the two are:
The responsibilities of each of these two roles do not overlap, as an attorney’s authority ends at the donor’s death, while an executor’s authority begins at the donor’s death.
An executor is a person named in a will to administer the estate of someone who has passed away. An executor can be a family member, friend or a professional such as a solicitor. They have a legal duty to act in the best interests of the estate and its beneficiaries.
An attorney is someone appointed under a Power of Attorney (POA) to make decisions on behalf of a donor who is still alive but is incapacitated or no longer able to make decisions for themselves. An attorney can also be a family member, friend or a professional such as a solicitor. As the donor’s attorney, they have a legal duty to act in the best interests of the donor and make choices that reflect their wishes for their estate and health.
Yes, the same person can be appointed as both as an executor - administering your estate should you be incapable of doing so - and also an attorney, managing your estate after your death.
If you would like to discuss how Walker Foster Solicitors can help you set up a POA or plan who will manage your estate in the event of your death, please speak to our friendly, knowledgeable Wills and Trusts team. You can also use our online contact form to get in touch.
When a parent’s estate is not divided equally, or when sibling disputes arise over inheritance rights, emotions can run high, and challenging a Will can become a complex and sensitive issue. Tensions between family members can escalate, leading to legal challenges that may strain relationships and result in prolonged court proceedings.
When discussing lasting powers of attorney (LPAs) with clients, usually their immediate concern is appointing an attorney to deal with their personal affairs. But this overlooks another key question: who would run your business if you were ill, or had an accident and lost capacity?
In this blog, Walker Foster’s Wills and Probate Executive Cay Schofield shares her insights into the various planning arrangements, and how each of them can help to provide clarity and security for you and your family.
When clients come to us to discuss their Wills, they often express a common concern: “How can I avoid the need for a Grant of Probate? I want to make things easier for my family.”
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