Part 3 of SG Law Guru’s 7-Part Will Series
When preparing a Will, the questions that cause the most confusion are surprisingly simple:
“Who should I choose as my Executor?”
“Should my parents be my child’s Guardian?”
“Can I appoint my spuse for everything?”
The answers are rarely straightforward. Many people choose based on emotion, convenience, or habit — without understanding the legal and practical implications. The wrong appointment can cause conflict, delay probate, and unintentionally burden the people you were trying to protect.
This article clarifies the most common misconceptions and helps you make sound, responsible choices.
1️⃣ What Is an Executor? 💼
An Executor is the person (or people) you appoint to carry out your instructions after your death.
This is a legal, administrative, and financial role — not an honorary title.
Core responsibilities of an Executor:
- applying for the Grant of Probate
- identifying, collecting, and valuing your assets (bank accounts, property, insurance, investments, etc.)
- paying your debts, taxes, and estate expenses
- distributing your estate exactly according to your Will
- maintaining proper records and updating beneficiaries or the court when required
Common misconceptions:
❌ “The Executor automatically inherits your estate.”
❌ “It’s just paperwork.” — Executors often also manage legal, financial, and family issues for months or even years.
Tips for choosing the right Executor:
- trustworthy and organized — handles documentation and deadlines well
- financially literate — comfortable with banks, law firms, and money matters.
- emotionally steady — able to stay calm and neutral when there’s tension.
- available and reliable — willing to dedicate time and energy.
- preferably younger or of similar age — to avoid outliving their role.
- for complex estates: consider engaging a lawyer or trust company as co-executors.
Mistakes to avoid:
- choosing based purely on closeness, e.g., “I have to pick my spouse or eldest child”
- appointing only one Executor without a backup.
- selecting someone with conflicts of interest.
- assuming a grieving spouse can “handle everything” under stress.
Important Note:
A Will can be valid even without a named Executor, however, the court will then appoint an administrator, potentially causing delay and sometimes family disputes.
2️⃣ What Is a Guardian? 👨👩👧👦
A Guardian is someone you appoint to care for your minor child(ren) if both parents pass away.
This is a long-term, parental role – not a babysitting job.
Guardian responsibilities:
- making decisions on your child(ren)’s education, healthcare, and upbringing.
- providing a stable home
- guiding your child(ren) emotionally and morally
- acting in your child(ren)’s best interests until adulthood
Common misconceptions:
❌ “Guardians automatically manage the child(ren)’s inheritance.”
❌ “The most loving relative is the best choice.”
Tips for choosing the right Guardian:
- shares your values on schooling, discipline, religion (if any), and lifestyle.
- emotionally and physically capable.
- has a stable home environment.
- financially responsible (especially if funds are managed via a trust).
- willing and able — never appoint someone without first asking them first.
Mistakes to avoid:
- assuming parents or in-laws are always suitable.
- nominating without prior discussion.
- picking someone who is already overwhelmed with their own responsibilities.
- failing to name a backup Guardian.
Pro Tip:
It is often wise to separate the roles of Guardian (child-rearing) and Trustee (money management) to prevent misuse of funds and ensure checks and balances.
3️⃣ What Is a Trustee? 💰
A Trustee manages money or property on behalf of a beneficiary, usually a minor child. This role becomes crucial when your child(ren) inherits cash, insurance proceeds, or property. The Trustee will manage the assets on the beneficiary’s behalf until they reach a certain age.
Trustee responsibilities:
- managing inheritance funds responsibly.
- paying school fees, medical bills, or other expenses from the trust.
- following your instructions strictly without mixing funds.
- keeping trust funds separate from personal funds
Appointing a Trustee ensures sound financial management while the Guardian focuses on raising child(ren).
4️⃣ Practical Guidance: Choosing Wisely
Executor:
✔️ reliable, organized, calm.
✔️ good with paperwork and banks.
✔️ consider co-executors for complex estates.
✔️ always appoint substitute executors.
Guardian:
✔️ shares your values.
✔️ physically and emotionally capable.
✔️ has a stable living environment.
✔️ appoint a backup.
Trustee (if applicable):
✔️ financially competent and honest.
✔️ understands your directions.
✔️ independent and objective.
5️⃣ Planning for Successors
Life is unpredictable. People relocate. Relationships shift. Health declines
Your Will should always include:
- a Primary Executor / Guardian / Trustee
- a Secondary choice
- a Tertiary backup
Regularly review your Will every 3–5 years to ensure your appointments align with your current needs.
6️⃣ Conclusion
Choosing the right people for these roles is one of the most impactful decisions in your Will.
A carefully chosen Executor prevents delays and conflict.
A capable Guardian shapes your children’s future.
A trustworthy Trustee protects their inheritance.
Thoughtful choices today bring peace of mind tomorrow.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance tailored to your situation or assistance drafting a Will, please consult a qualified lawyer.
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