An executor is the person or company you choose to control and distribute your estate according to your will. Their job is to:

• identify and gather together your property, sell it if necessary, pay any debts and tax, and distribute what remains to the beneficiaries according to your will
• make sure (as far as legally possible) that your wishes, as set out in your will, are carried out
• be responsible for your body, your funeral arrangements, and your burial or cremation (they will generally follow what was said in the will or the wishes of family or friends)
• give the court all the relevant information they have about your financial affairs, and any reasons you had for your instructions in the will (for example, why you did or didn’t decide to give property to a particular person).

Regardless of what instructions you leave in your will, your executor has the final say about your burial or cremation. If tikanga Māori is relevant to you or your whānau, your executor has to take this into account when making a decision.

If someone disagrees with the executor’s decision, they can apply to the Family Court to intervene. If there is a clash between common law, the will, and/or tikanga Māori, the Court will make a case-by-case decision.

Cases: [2022] NZSC 114 [2012] NZSC 116

Administration Act 1969, ss 4A, 9, 63

An executor can be:

• a person, or
• a trustee company under the Trustee Companies Act 1967.

While you can name a person of any age as an executor, probate cannot be granted to someone under the age of 18. If you executor is under the age of 18 when you die, the court will grant administration of the estate to a person it thinks fit. The named executor may apply for a grant of probate once they have reached the age of 18 and, once probate is granted, take over administration of the estate.

Ideally, you should choose someone who has the skills to manage your estate, and who is able to act impartially between the beneficiaries. It’s not recommended to appoint your spouse, partner or children, as they may not be impartial.

It’s not legally required to get someone’s permission before appointing them as your executor. However, it’s a good idea to ask them, as they might refuse to accept the role after your death.

Yes. An executor can be named in the will as a beneficiary. However, you might want to choose someone who isn’t a beneficiary so that they can remain impartial.

Executors can get paid for their services, but only if you provide for this in your will. If you choose a professional to be your executor (for example, a lawyer, accountant or trust company), they will generally ask for you to include pay arrangements in your will.

Administration Act 1969, s 13

If the executor named in your will dies before you do, you can change your will to appoint a new executor of your choice.

If your executor dies after having obtained probate to administer your estate, your executor’s executor becomes your executor, unless you have named another executor in your will and that person is still alive.

In turn, if both your executor and your executor’s executor die, your executor’s executor’s executor becomes your executor and so on. This “chain of responsibility” continues indefinitely until it is broken by someone lacking a will, someone not having named an executor, or by an executor failing to obtain probate.

If you are left without an executor (for example, because there was no living executor at the time of your death or the “chain of responsibility” has been broken), the High Court can appoint an administrator (see: “Administrators are appointed by the Court“).