You must appoint at least one Executor.

Your Executors are the people who you appoint to carry out the wishes of your Will. An Executor can be a beneficiary of your Will - indeed we recommend that you appoint the main beneficiary(s) of your Will as your Executor(s) or alternatively professional executors such as solicitors.

The duties of an Executor do not need to be difficult. Although there are quite a few legal processes to follow when executing a Will (i.e. after you have died) your Executor(s) can delegate these to an expert: - a clause permitting your Executor(s) to employ (and pay from your estate) a Solicitor to to help them is included in every Will produced by our software.

We advise you to appoint two Executors if the Will contains a gift to children, some of whom may be under the age of 18 when you die. You should also appoint at least one Substitute Executor in case one or more of the named Executors is, for any reason, unable to act.

A person should not be named as an Executor while under the age of 18.

The most important concern when selecting Executors is that they should be reliable and trustworthy when carrying out your wishes. It is also desirable that at least one Executor should know the major beneficiaries personally. Often the best way is to appoint the person who stands to benefit most from your Will as one Executor, and another relative or close friend as the second Executor to assist or to take over should the first be unable to act.

Always check with your proposed Executors in advance to be certain they are willing to act.

Naming a Guardian for your Children

If you have children under the age of 18, you should name at least one Guardian to care for them in the event of them being left without any parents.

Since a Guardian takes the place of a parent, you should choose someone who can offer the best care for your children. The Guardian can also be one of your Executors. You may also appoint substitute Guardians should your original appointees be unable, for whatever reason, to act.

Normally - and especially where very young children are involved - you would appoint family members. However, sometimes - particularly if your children are more grown up - the appointment of friends may be more appropriate as they are more likely to share your lifestyle or live nearer than your family.

It goes without saying that you should always check with your proposed Guardians in advance to be certain they are willing to act.

Note that there are complications if any of the following apply :-

• you and the other parent were not married when the child was born and are still not married
• you and the other parent have already been or are (after the making of the Will) divorced from each other
• a court order already exists or is made in the future relating to where the child is to live or to parental responsibility for the child.

In the case of any of the above, we advise you to see a solicitor.