Choosing an Executor in Victoria: A Practical Guide

Direct answer

A suitable executor is, in essence, someone who is willing to act, trustworthy, organised, financially competent, able to communicate calmly with beneficiaries, able to manage conflict, likely to remain available and capable over the period of administration, sufficiently independent to make proper decisions, able to obtain legal, accounting and tax advice when needed, and appropriate for the complexity of the particular estate. A spouse or partner, an adult child, a trusted sibling or friend, a professional adviser such as a solicitor or accountant, or an authorised trustee company may each be appropriate depending on the circumstances. The executor may also be a beneficiary, but conflicts of interest and family dynamics must be considered. In almost every case, at least one suitable substitute executor should be nominated so the estate is not left without a personal representative if the primary executor is unable or unwilling to act. This article is general information about Victorian law as at 26 May 2026 and is not legal advice.

Contents

• Direct answer
• What is an executor?
• How an executor is appointed
• Executor, trustee, attorney, guardian and beneficiary
• Why executor choice matters
• Core executor duties (in outline)
• Time, workload and emotional demands
• Qualities of a suitable executor
• Willingness and discussing the role in advance
• Age, health and long-term capacity
• Geographic location, interstate and overseas executors
• Beneficiary as executor
• Appointing a spouse or partner
• Appointing adult children
• Appointing siblings, friends and associates
• Professional executors, solicitors, accountants and trustee companies
• Multiple executors: joint appointment and substitutes
• Minors named as executor
• Refusal, renunciation and inability to act
• Executor death, incapacity and bankruptcy
• Conflicts of interest
• Business, trust and SMSF considerations
• Blended families and family provision risk
• Commission, expenses and professional fees
• Passing over and removing an executor
• Executor comparison reference table
• Suitability factors reference table
• Multiple-executor structures reference table
• Conflict-risk reference table
• Executor-selection checklist
• Questions to ask a proposed executor
• Worked examples
• Common mistakes
• Practical action plan
• When legal advice is important
• Conclusion
• Frequently asked questions

What is an executor?

An executor is the person, or persons, appointed by a Will to take responsibility, after the testator’s death, for carrying out the terms of the Will. Once probate is granted by the Supreme Court of Victoria, the executor becomes the deceased’s legal personal representative and has the legal authority (and the corresponding fiduciary duty) to collect assets, pay debts, deal with the Australian Taxation Office and other authorities, and distribute the estate to the beneficiaries in accordance with the Will and applicable law. Until a grant of probate issues, an executor’s authority is derived from the Will itself but is functionally limited; many banks, share registries, land titles offices, conveyancers, aged-care providers and insurers will not deal substantively with the estate until they see a sealed grant.

The executor holds a fiduciary office. That means every executor is bound to act honestly, in good faith and in the interests of the estate and its beneficiaries, not in the executor’s own personal interest. An executor may not profit from the office (except through valid remuneration arrangements), may not put themselves in a position of conflict, and must account to the beneficiaries for the administration. The fiduciary character of the role is one of the reasons the choice of executor matters so much: an executor is not simply an administrative agent, but a person entrusted with legal power over property that ultimately belongs to others.

How an executor is appointed

An executor is appointed by the terms of the Will. The appointment is usually contained in a short clause naming the primary executor, one or more substitutes and, where relevant, an order in which the substitutes are to take office. Where more than one executor is appointed to serve at the same time, they act jointly as co-executors. Where a substitute is appointed to act only if a prior executor cannot act, the substitute’s appointment is conditional and does not operate concurrently with the primary appointment. Careful drafting of the appointment clause is important: ambiguous appointments (for example, “my children” without naming them, or appointments that fail to deal with substitution and long-term trustee duties) are a common source of dispute.

After death, the named executor takes possession of the original Will and, in most cases, applies to the Supreme Court of Victoria Probate Office for a grant of probate. Where the named executor cannot or will not act and no substitute is named, the Court has jurisdiction to grant letters of administration with the Will annexed to another suitable person entitled under current probate practice, so the Will still operates as the roadmap for the administration.

Executor, trustee, attorney, guardian and beneficiary

The roles of executor, trustee, attorney, guardian and beneficiary are frequently confused and should be kept distinct when a Will is planned.

• Executor. Appointed by the Will. Takes office on death, administers the estate, and finishes the office when administration is complete.
• Trustee. Where the Will creates a testamentary trust (for example a trust for minor children or a special-disability trust), the trustee holds and manages the trust assets after administration is complete. The executor and trustee are often the same person, but the roles are legally separate and last for different periods.
• Attorney. An attorney appointed under an enduring power of attorney acts during the principal’s lifetime and loses all authority on death. An attorney is not, by virtue of that appointment, an executor.
• Guardian. A guardian nominated in a Will for minor children reflects the testator’s wishes about care after death; parenting responsibility is determined under the Family Law Act 1975 (Cth) by reference to the child’s best interests.
• Beneficiary. A person entitled to receive property under the Will. A beneficiary may also be executor (and often is), but the two roles serve different purposes.

Why executor choice matters

Executor choice affects the practical administration in almost every respect. The right executor obtains probate promptly, protects and collects assets efficiently, communicates with beneficiaries clearly, resolves competing interests fairly and distributes the estate without unnecessary cost. The wrong executor can delay administration by months or years, alienate beneficiaries, misuse or waste assets, expose the estate to unnecessary tax or liability, provoke removal or replacement applications, and turn what would otherwise be a straightforward estate into contested litigation. Very few contentious estate matters would arise if executor selection were always handled with care. The choice is not simply a matter of politeness or family convention; it materially affects what beneficiaries actually receive and when.

Core executor duties (in outline)

The complete list of executor duties in Victoria is beyond the scope of this article and is covered separately in our executor duties in Victoria guide. In outline, the executor is generally responsible for:

• obtaining the original Will and preserving it;
• arranging or coordinating the funeral where appropriate;
• protecting estate assets from loss or damage;
• applying for a grant of probate where required;
• identifying assets, liabilities, interests and entitlements;
• notifying beneficiaries and other interested persons;
• dealing with tax and superannuation matters;
• paying debts, funeral and administration expenses;
• dealing with any family provision or other claims;
• keeping proper records and accounts;
• distributing the estate in accordance with the Will;
• where a testamentary trust is created, continuing as trustee.

The scope, difficulty and duration of these duties depend on the estate’s size, asset mix, family situation and any complicating factors such as business or trust interests, overseas assets, minor or vulnerable beneficiaries, family provision risk or contested claims. See also our companion article on probate in Victoria for the specific process of applying for a grant.

Time, workload and emotional demands

The time and effort involved in administering a Victorian estate vary greatly. A modest estate with a single residence, a bank account, a superannuation death benefit paid straight to a nominated dependant and cooperative beneficiaries can be administered in a few months with limited executor time. A complex estate with a business, a family trust, an SMSF, a blended family, overseas assets and a possible family provision claim can require significant executor time over several years, particularly if a testamentary trust continues beyond distribution. Even a straightforward estate typically requires many phone calls, letters, forms, ID verifications, certified copies, and coordination with lawyers, accountants and financial institutions. Executors also carry the emotional load of dealing with grief, family dynamics and occasional criticism. Willingness and stamina matter as much as intelligence and organisation.

Qualities of a suitable executor

The qualities most likely to produce a good outcome are:

• Integrity. Honest and reliable in financial dealings and communications, with a willingness to act in the interests of the estate as a whole.
• Organisation. Able to gather information, meet deadlines, respond to requests and keep proper records.
• Financial literacy. Comfortable with bank accounts, tax, superannuation, investment and property terminology without necessarily being an expert.
• Communication. Able to keep beneficiaries informed calmly, deal with lawyers and accountants and manage difficult conversations.
• Independence. Able to make decisions on the merits rather than under pressure from a dominant beneficiary or family member.
• Availability. Able to give the estate the time it will realistically need.
• Age and health. Likely to remain capable over the anticipated period of administration and any long-term trustee role.
• Location. Realistically able to attend to estate matters in Victoria, or to instruct professionals to do so.
• Technology and record-keeping. Comfortable with digital documents, email, secure sharing and online forms.
• Ability to obtain advice. Willing to engage lawyers, accountants, valuers and financial advisers where needed rather than trying to do everything alone.
• Understanding of family dynamics. Enough emotional intelligence to anticipate and manage predictable family tensions.

Willingness and discussing the role in advance

A named executor is not compelled to accept the appointment. A person who is unwilling can renounce before intermeddling in the estate. Appointing a proposed executor who is unwilling, unaware of the appointment or simply not up to the task is a common source of delay and dispute. The single most underappreciated protection against difficulties later is a short and honest conversation with the proposed executor before signing the Will. That conversation should explain what the role involves in outline, ask whether the person is willing to act, and give the person an opportunity to raise concerns, decline or suggest a co-executor structure. Discussing the role in advance also helps the executor respond quickly and calmly on death.

Age, health and long-term capacity

Age is not a disqualification, but likely long-term capacity matters. Appointing a much older friend as sole executor with no substitute is a real risk. Appointing an older spouse who will be under enormous emotional strain after death, and who may face declining health, is a common scenario in which a professional substitute or co-executor should be considered. Where a testamentary trust is expected to operate for many years (for example for young children), the trustee’s likely capacity across the trust’s expected life is a separate and important consideration.

Geographic location, interstate and overseas executors

An executor does not need to live in Victoria. Interstate and overseas executors are legally possible, but the practical issues are significant: identification and signing requirements often need to be completed in person or through local professionals; banks may require additional documentation; conveyancing and property matters typically require Victorian-based coordination; taxation issues can arise where an overseas executor is treated as controlling the estate for tax purposes; and time-zone differences, currency conversion and communication delays add friction. Where an overseas or interstate executor is appointed, a local Victorian co-executor, a Victorian solicitor with authority to act, or a professional executor can substantially reduce cost and delay. Overseas executors should always obtain specialist Australian tax advice before acting, and appointing different executors for different jurisdictions or asset pools may be sensible where the deceased holds substantial assets outside Australia.

Beneficiary as executor

It is very common in Victorian Wills for a beneficiary to be named as executor: a surviving spouse, an adult child or a trusted family member. There is no legal rule against a beneficiary acting as executor, and appointment of a beneficiary is not by itself a conflict of interest. However, the appointment is one to consider carefully in the following circumstances:

• where the beneficiary-executor receives the largest gift under the Will, other beneficiaries may perceive (rightly or wrongly) that the executor’s decisions have been influenced by self-interest;
• where the beneficiary-executor wishes to buy an estate asset, the self-dealing rule requires specific authority in the Will, informed consent from all beneficiaries with capacity, or Court approval on fair terms;
• where the beneficiary-executor has occupied estate property or holds estate assets, potential conflict must be actively managed;
• where the beneficiary-executor is likely to make (or defend) a family provision claim, an independent co-executor may be prudent to avoid the impression of self-interest;
• where the beneficiary-executor is in dispute with another beneficiary, a professional co-executor may substantially reduce the risk of litigation.

None of these considerations makes a beneficiary an unsuitable executor. They simply reinforce the need to think carefully about family dynamics and to build appropriate safeguards into the Will.

Appointing a spouse or partner

Appointing a spouse or partner as executor is a standard starting point in Victorian Wills. Where the surviving spouse is competent, willing and expected to remain capable throughout the administration, the appointment is often the simplest and most practical option. Considerations include the spouse’s age and health, the emotional demands of the role in the immediate period after death, whether an adult child or professional should be appointed as a co-executor to share the workload or provide continuity, and how the appointment integrates with the couple’s broader estate plan (mirror Wills, mutual Wills, superannuation nominations and jointly owned property). A spouse appointment should almost always be accompanied by robust substitute-executor drafting to cover the case where the spouse cannot act or does not survive.

Appointing adult children

Appointing one or more adult children as executor is very common. Adult children are often familiar with family assets and cost-conscious, and are usually the natural next choice after a spouse. The main risks are (a) appointing all children solely to demonstrate equality, without regard to practical differences in capability, availability and family dynamics; (b) appointing a child who is not suited to the role; (c) appointing on the basis of birth order rather than merit; and (d) appointing children who live far from Victoria or who have long-standing tensions with siblings. Where the estate is straightforward and one adult child is clearly suitable, appointing that child alone with clear substitutes is often preferable to appointing all children together. Where more than one adult child is genuinely well-suited, appointing them jointly with an odd number of substitutes and clear drafting is a reasonable option.

Appointing siblings, friends and associates

A trusted sibling, close friend or long-standing business associate may be an appropriate executor, particularly in modest estates where the primary beneficiaries are the testator’s partner or minor children and the testator wants an executor at some emotional and financial distance from the primary beneficiaries. Age, health, geographic location, willingness, availability and any conflict with beneficiaries should be considered. The same substitution and professional-support considerations apply as with family executors.

Professional executors, solicitors, accountants and trustee companies

A professional executor may be appropriate where the estate is complex, where family relationships make an independent executor advisable, where no suitable family member or friend is available, or where a long-term testamentary trust is contemplated. Common professional options are:

• A solicitor. Familiar with probate practice, drafting and administration. Where the drafting solicitor is appointed executor or receives a benefit under the Will, current professional-conduct rules require particular disclosure and independent advice safeguards, and charging arrangements must be transparent.
• An accountant. Useful for estates with significant tax, superannuation, business or trust issues, but will still need to engage a Victorian solicitor for probate matters.
• An authorised trustee company. Institutions offering formal systems, continuity and neutrality. Trustee companies charge under scale, time-cost or asset-based arrangements that vary significantly between providers. A trustee company can be especially useful for long-term trusts or where no suitable individual is available.

Professional executors bring expertise and independence but charge for their services. The fee structure should be understood, ideally in writing, before appointment. It is often useful to combine a family executor with a professional co-executor, so the estate has both personal knowledge and professional systems. Where a professional executor is appointed, the potential for conflict between the professional’s firm and the estate, disclosure of any benefit under the Will, and the interaction between executor commission and professional fees should be addressed at the drafting stage.

Multiple executors: joint appointment and substitutes

Multiple executors may share knowledge, workload and accountability. They can also create delay, deadlock and duplicated cost. Every proving executor generally must sign estate documents and approve significant steps, and banks, share registries, land titles offices, conveyancers and other third parties typically require all proving executors to join in. Geographical separation, differing schedules and historical family tensions can convert what looks like a sensible arrangement on paper into a source of persistent delay.

Points to consider when structuring multiple executors:

• Joint versus successive. Joint executors act at the same time; successive (substitute) executors act only if the earlier-named executor cannot act. Joint and substitute drafting must be kept distinct in the Will.
• Practical administration. Consider how documents will be signed where executors live in different places, how decisions will be made, and how information will be shared securely.
• Leave reserved or renunciation. Where one of several named executors is unwilling or unavailable, current probate practice may allow that executor to renounce, or in appropriate cases to allow the grant to proceed with leave reserved to the non-proving executor. Current practice should be verified with a Victorian solicitor.
• Majority powers. Executors do not automatically have a majority-vote power. Any such power must be expressly drafted and legally effective.
• Statutory limits on proving executors. Victorian probate practice imposes limits on the maximum number of executors who may prove in respect of the same property. Appointing too many executors risks some being excluded from the grant. Current practice should be verified before naming more than a small number.
• Family plus professional structure. Combining a family executor with a professional co-executor is a common way to blend personal knowledge with expertise and neutrality.

Minors named as executor

A person under 18 may be named as executor in the Will, but current Supreme Court of Victoria Probate Office practice is not to grant probate to a minor while still a minor. Where the sole executor is a minor, letters of administration with the Will annexed may be granted to a suitable adult until the executor attains majority. Where there is a substitute or co-executor of full age, the adult executor will ordinarily act. Naming a minor without a substitute leaves the estate without an adult personal representative and should be avoided.

Refusal, renunciation and inability to act

A named executor is not compelled to accept the office. Before taking any active step in the estate, a proposed executor may renounce probate by executing the formal renunciation in the form required by current probate practice and filing it with the Supreme Court of Victoria Probate Office. Once renunciation is made and accepted, the person cannot later change their mind and act as executor. Renunciation is generally not available after the executor has intermeddled in the estate — that is, has taken active steps demonstrating acceptance of the office. Where intermeddling has occurred, the executor may need to apply for leave to retire or to be replaced by the Court.

Where the primary executor renounces, the substitute (if any) may apply for probate. Where all named executors renounce and no substitute exists, the Court may grant letters of administration with the Will annexed to a suitable person. Prompt legal advice is important where any executor is considering renouncing, or has already begun to act in the estate and now wishes to step aside.

Executor death, incapacity and bankruptcy

If a sole executor dies before the testator (and no substitute is named), the executor appointment fails and the Court will grant letters of administration with the Will annexed to a suitable person. If an executor loses capacity before probate, the Court may pass over that executor and grant probate to a co-executor or substitute, or grant letters of administration with the Will annexed. If an executor dies or loses capacity after probate but before administration is complete, chain-of-representation and administration de bonis non rules apply, and a new grant may be required so that a personal representative is in place to complete the administration. Bankruptcy, imprisonment or other serious unsuitability may also lead to passing-over, removal or replacement applications.

Conflicts of interest

Not every conflict of interest disqualifies an executor, but every actual or potential conflict should be considered when the Will is drafted. Common categories include:

• the executor is a major or sole beneficiary;
• the executor wishes to purchase estate property;
• the executor owes money to the estate or vice versa;
• the executor is in dispute with a beneficiary;
• the executor is a potential family provision claimant;
• the executor is a business partner or fellow shareholder of the deceased;
• the executor holds a role (director, appointor, trustee) in a related family trust or company;
• the executor is occupying the family home or holding chattels;
• the executor also acts as guardian for surviving minor children.

Managing conflict may involve express authority in the Will, appointment of an independent co-executor, informed beneficiary consent, Court approval, or in some cases the engagement of an independent legal adviser to represent the estate on particular transactions. Ignoring conflict is the single most common cause of executor removal applications.

Business, trust and SMSF considerations

Executors of business-owning estates face additional issues that the appointment must address. Business assets held in a company belong to the company, not the shareholder, so control of the company (through the shares in the deceased estate) is what typically needs to be planned. Family trust assets belong to the trustee (subject to the trust) and are not the deceased’s personal property; control passes through the trustee, appointor and guardian roles under the trust deed. Self-managed superannuation fund succession depends on the fund trust deed, the trustee structure and binding death benefit nominations. Partnership deeds, shareholders’ agreements, buy-sell arrangements and franchise agreements often deal directly with the death of a principal and may override or supplement testamentary planning. Where business or trust interests are significant, coordinated advice on the Will, the business documents, the trust deed and any life-insurance funding is essential; see our companion article on business succession planning.

Blended families and family provision risk

In blended families — second marriages, step-children, children from prior relationships — executor choice deserves particular care. Appointing the current spouse alone can create real or perceived conflict with adult children from a prior relationship. Appointing an adult child alone can create similar concerns for the surviving spouse. Options include appointing a spouse and an adult child jointly (with careful drafting to manage decision- making), appointing an independent executor such as a solicitor, accountant or trustee company, or appointing a neutral family member with clear substitution. Family provision risk (a claim under Part IV of the Administration and Probate Act 1958 (Vic)) should also be considered when choosing the executor, so the estate has an executor who is able to respond calmly and neutrally to any claim. See our article on blended-family estate planning for more detail.

Commission, expenses and professional fees

The topic of executor commission is important and often misunderstood. In outline, and subject to our dedicated article on whether an executor can be paid:

• Commission is not automatic. An executor is not entitled to commission simply because the office has been undertaken. Entitlement generally arises from a valid remuneration clause in the Will, agreement with all beneficiaries with capacity, or an order of the Supreme Court of Victoria.
• Reimbursement is different. An executor is generally entitled to reimbursement from the estate for expenses properly incurred in administering the estate, such as legal, accounting and valuation fees, court fees, insurance premiums and reasonable disbursements. Reimbursement is not commission.
• Professional fees are different again. A solicitor or accountant appointed as executor may charge for professional services in accordance with a valid charging clause and the applicable professional conduct rules. Trustee companies charge in accordance with published or agreed fee structures.
• Avoid double charging. Executor commission, professional fees for services, and reimbursement of expenses must be kept distinct. Charging twice for the same work is not permitted.
• Records and disclosure. An executor should keep clear records supporting expenses, professional fees and any claim for commission, and disclose relevant fee arrangements to beneficiaries.

No standard percentage is applied automatically to Victorian estates. The amount of any commission depends on the circumstances, the applicable law, and the discretion of the Court or the agreement of the beneficiaries. Testators who wish to authorise commission or a fixed remuneration should do so expressly in the Will with legal advice.

Passing over and removing an executor

The Supreme Court of Victoria has jurisdiction to pass over a named executor (declining to grant probate to that executor) or to remove an executor after appointment where the circumstances require it. Grounds may include serious misconduct, incapacity, unfitness, persistent conflict, or a fundamental breakdown of trust that endangers proper administration. These are discretionary and evidence-based remedies. Executor selection at the drafting stage is far more effective than executor removal after the event. Our article on removing an executor in Victoria explains the removal test in more detail; this article does not repeat that framework.

Executor comparison reference table

Every option should be qualified by the actual circumstances of the estate and the family. No option is universally preferable.

Suitability factors reference table

Multiple-executor structures reference table

Conflict-risk reference table

Executor-selection checklist

• Is the proposed executor willing to act?
• Is the proposed executor an adult of full capacity?
• Are they in reasonable health with likely long-term capacity for the anticipated role?
• Are they trustworthy and financially reliable?
• Are they organised enough to keep records and meet deadlines?
• Are they financially literate?
• Can they communicate calmly with beneficiaries?
• Are they on reasonable terms with the likely beneficiaries?
• Can they manage conflict?
• Do they live realistically within reach of the estate’s Victorian assets, or do they have local professional support?
• Are they available — not overloaded with other responsibilities?
• Do they have relevant business or trust knowledge if the estate requires it?
• Are they digitally competent?
• Are they independent enough of any dominant beneficiary?
• Are there potential conflicts of interest?
• Are they willing to obtain and follow legal and accounting advice?
• What is the expected complexity of the administration?
• Will they need to act as trustee of a long-term testamentary trust?
• Have suitable substitutes been identified?
• Has the question of remuneration been addressed in the Will?

Questions to ask a proposed executor

• Are you willing to act?
• Do you understand the likely duties in outline?
• Are you comfortable dealing with the beneficiaries?
• Can you work with any co-executor?
• Are there conflicts of interest that should be disclosed?
• Are you willing to obtain legal and accounting advice?
• Are you comfortable managing records and finances?
• Are you likely to remain available in the coming years?
• Are you willing to act as trustee after administration is complete?
• Do you expect remuneration for your time?
• Would you prefer to act jointly or as a substitute?
• Do you know where the original Will and important records will be kept?

Worked examples

Each of the following examples is illustrative only. It does not describe an actual case or guarantee any particular outcome.

1. Spouse for a simple estate. An older couple own their home jointly and hold modest bank accounts and superannuation. Each Will appoints the other as executor with an adult child as substitute. The arrangement is straightforward, works well after the first death, and is reviewed when the surviving spouse remakes their Will.
2. One adult child instead of three. A testator has three adult children of very different capabilities living in different states. Appointing all three jointly would slow administration. The testator appoints the most suitable child alone, with a substitute and clear communication with the other children about the reasons.
3. Three siblings jointly. Three siblings historically get on well. Appointing them jointly seems safe. In practice, the three live in different states, one is overseas at the time of death, and every bank form requires three signatures. Administration takes 18 months longer than expected. Better: appoint one primary executor with two as substitutes.
4. One child lives overseas. One of two adult children lives permanently overseas. Appointing both jointly requires overseas signature witnessing and slows every step. Appointing the Victorian child alone, with the overseas child kept informed, is often more practical.
5. Executor is elderly. A testator appoints an elderly close friend as sole executor because of long friendship. No substitute is named. The friend dies within a year. The Will effectively has no executor and letters of administration with the Will annexed become necessary.
6. Executor develops incapacity. An appointed executor develops cognitive decline before the testator dies. Because a substitute is named, the substitute takes over on death without difficulty.
7. Executor dies before testator. The primary executor predeceases the testator. Because a substitute is named and the testator’s Will contemplates that scenario, the substitute takes office. No new grant of representation is required in place of the original executor.
8. Primary executor renounces. Named as executor, an adult daughter concludes she cannot take on the role due to work and personal circumstances. She promptly renounces before intermeddling, and the named substitute applies for probate.
9. Beneficiary is also executor. A surviving spouse is executor and residuary beneficiary. Administration proceeds without conflict because the estate is straightforward and the children accept the appointment.
10. Executor wants to purchase estate property. An executor who is also a beneficiary wishes to purchase the family home. The Will does not authorise self-dealing. The executor obtains an independent valuation, seeks informed consent from all beneficiaries with capacity, and proceeds with legal advice. Where consent cannot be obtained, Court approval is required.
11. Blended-family estate. A testator remarried has adult children from a first marriage and a young spouse. Appointing either alone risks conflict. The testator appoints the spouse and an adult child jointly, with an independent solicitor as substitute, and coordinates the Will with a mutual-Will style arrangement addressing the children’s ultimate entitlement.
12. Family business. A business owner appoints the accountant who has advised the business for many years as co-executor with a spouse. The accountant manages the business-continuity issues; the spouse manages family communication and personal assets.
13. Family trust control. A testator holds units and appointor rights in a family trust. The executor is chosen with awareness of the appointor role and the trust deed’s succession clauses, which are updated in parallel so the estate and the trust operate consistently.
14. Professional co-executor. An adult child is willing to act as executor but is not experienced with complex estates. The testator appoints the child and a solicitor jointly to combine personal knowledge with professional systems.
15. Trustee company appointment. A testator with no close relatives and modest but significant assets, including a small share portfolio, appoints an authorised trustee company as executor and trustee, with clear published fee arrangements accepted at the drafting stage.
16. Long-term testamentary trust. A testator’s Will creates a testamentary trust for two young children with a 25-year likely life. The testator appoints an adult sibling as executor and a smaller, differently-composed group as trustees, with a corporate trustee available if the individual trustees are unable to continue.
17. Estranged beneficiaries. An adult child is estranged from the family. Appointing the surviving spouse alone risks a family provision claim being seen as an adversarial fight. An independent executor is appointed to reduce that perception and to communicate professionally.
18. Likely family provision claim. The testator has provided for a life partner and a modest gift to an adult child, and expects the adult child may make a claim. An independent executor is appointed to defend the estate’s interests neutrally.
19. Beneficiaries are minors. A young family’s Wills create testamentary trusts for minor children. An adult sibling and a trusted friend are appointed as executors and trustees jointly, with a professional substitute in case both cannot act.
20. Beneficiary with disability. A testator has an adult child with a significant disability. A special-disability arrangement is drafted, and the executor and trustee choice is made with the child’s long-term needs in mind, including coordination with any NDIS or public-trustee arrangements.
21. Overseas assets. The estate includes assets in another country. Coordinated Wills and executor appointments across jurisdictions are put in place so each jurisdiction has a local executor.
22. Executor seeks commission. A family member acts as executor and later seeks commission. Because the Will contained no remuneration clause and the beneficiaries do not agree, the executor must apply to the Court for commission if they wish to pursue it. Reimbursement of properly incurred expenses is unaffected.
23. Co-executors deadlock. Two adult children appointed as co-executors reach a settled disagreement over the sale of the family home. An early independent mediation resolves the dispute; if it had not, an application to the Court for directions would have followed at significant cost.
24. Will has no effective substitute executor. A Will names only one executor, who cannot act. Because there is no substitute, letters of administration with the Will annexed are required. Careful substitute drafting would have avoided the extra cost and delay.

Common mistakes

• Appointing the oldest child automatically, without regard to suitability.
• Appointing all adult children merely to demonstrate equality.
• Failing to ask whether the proposed executor is willing to act.
• Failing to appoint a substitute executor.
• Appointing someone significantly older than the testator without any substitute.
• Ignoring known health or capacity concerns.
• Ignoring the practical realities of an interstate or overseas executor.
• Appointing someone unable to manage conflict in a family known to have tensions.
• Appointing hostile co-executors.
• Ignoring business or trust complexity that the executor cannot handle.
• Failing to consider long-term trustee duties in a testamentary-trust Will.
• Assuming a beneficiary cannot act as executor.
• Assuming a professional executor is always required.
• Failing to disclose or clarify professional fees.
• Confusing executor commission with reimbursement of expenses.
• Failing to address foreseeable conflicts of interest.
• Appointing someone likely to make a family provision claim as sole executor.
• Failing to review the appointment after separation, divorce, remarriage or the executor’s incapacity.
• Failing to update the appointment after an executor’s death.
• Failing to tell the executor where the Will is kept.
• Failing to coordinate the executor appointment with business and trust succession documents.

Practical action plan

1. Assess the estate’s likely complexity — assets, business or trust interests, superannuation, overseas exposure, dependants and likely disputes.
2. Identify family and beneficiary relationships, including likely tensions and potential claimants.
3. List possible individual and professional executors.
4. For each candidate, consider willingness, honesty, organisation, financial competence, health, age, location, availability, independence, family standing and conflict management.
5. Identify actual and potential conflicts of interest.
6. Consider whether multiple executors will help or hinder in this particular estate.
7. Choose a primary executor and one or more suitable substitutes.
8. Decide whether the executor will also act as trustee of any testamentary trust and, if not, choose separate trustees and successor trustees.
9. Discuss the role with each proposed executor and each proposed substitute in advance.
10. Address remuneration expectations expressly in the Will if appropriate.
11. Document the appointment carefully in the Will, with legal advice.
12. Coordinate the appointment with business, trust, superannuation and jurisdictional documents.
13. Store the signed original Will safely and tell the executor where it is.
14. Review the appointment after significant personal, family, health, business or asset changes.

When legal advice is important

Legal advice is particularly important where the estate is substantial or non-liquid, where the family is blended, where there are minor or vulnerable beneficiaries, where testamentary trusts are used, where business, trust or SMSF interests are involved, where overseas assets or overseas executors are contemplated, where there is potential for family provision claims, where a professional executor is being appointed, where the executor is also a beneficiary, where co-executors will be geographically separated, or where the executor is being asked to accept significant long-term trustee duties. For general advice about executor selection, updating a Will or planning an estate see our Wills & Estate Planning service page or the profile of our reviewer, Julian McIntyre.

Conclusion

Choosing an executor in Victoria is a decision about willingness, trustworthiness, competence, availability, independence and fit for the particular estate. It is not a decision about seniority, family expectation, or default assumptions about who “should” be appointed. The right choice may be a spouse, an adult child, a sibling, a friend, a solicitor, an accountant or a trustee company — or a combination of family and professional executors — depending on the circumstances. In almost every Will, at least one carefully chosen substitute executor should be named. Conflicts of interest, professional fees and remuneration should be identified and addressed openly. Multiple executors should be used where they add value and avoided where they create friction. And every executor appointment should be reviewed periodically as circumstances change. A well-considered executor appointment, coordinated with a properly drafted Will and reviewed over time, is one of the most valuable safeguards a Victorian testator can put in place. This article is general information about Victorian law as at 26 May 2026 and is not legal advice. Advice from a Victorian solicitor tailored to the actual circumstances should be obtained before any Will is prepared, altered or replaced.

Frequently Asked Questions