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In this edition of the paper, Romaine Scally, Principal in the Firm of Romaine Scally and Co, Solicitors, deals with the matter of the Appointment of Executors to Wills. As always please send your queries to Romaine Scally, Solicitors, Main Street, Tallaght Village, Dublin 24. Telephone 4599506, Email – legal@scally.ie Question- I have not made a Will and am thinking of doing so. I know that I need at least one Executor but I am wondering if it is a good idea to have two. Could you please advise? A – Firstly, congratulations on your decision to make a Will. This is a very important document and one which will ensure that your assets are distributed following your death according to your wishes rather than under the Rules of Intestacy. To answer your question, it is only necessary to have one Executor. Many people choose two, partly to protect against the possibility of one Executor predeceasing the Testator and thus requiring a new Will and secondly as a form of “safety valve” in the event that one Executor might be slower at the process or perhaps not fully compliant with the Law. These are unlikely eventualities but are reasons why Testators often choose to have two Executors rather than one. If you have a particular preference for one person to administer your estate then, you could consider a clause in your Will appointing the sole Executor but indicating that if that Executor does not survive you then a substitute Executor is to be used. This will still give full authority to the first Executor chosen but includes a backup plan in the event that that Executor should either predecease you or indeed die prior to your estate being fully administered. We hope that this has been helpful and we would urge you to follow up your own advice to yourself now and put a Will in place. Question – I made a Will some years ago when my daughter was living in Ireland. She has now moved to live in Canada and is unlikely to be home. Should I change my Will or is it possible for the Executor to work from Canada? A – Firstly, it is always good to have an Executor whom you trust named on your Will. However, if your Executor is physically living abroad, it may pose some practical difficulties if they are subsequently called upon to administer the Estate. For the most part however, Executors do use solicitors to carry out the bulk of the work. Nonetheless, Executors do have to attend at the solicitor’s office certainly on at least one if not more occasions to sign documents. In practical terms therefore, if you have an alternative Executor whom you would be happy to appoint then, you should consider making that necessary change. Perhaps you could consider appointing a second Executor along with your daughter. That way, if anything were to happen you, if your daughter is still living abroad, she can renounce her right to act as Executor in favour of the local Executor. She does not have to do so but, if in practical terms it would be very difficult or indeed expensive for her to come home on a number of occasions to help administer the Estate, she could voluntarily choose not to act as Administrator. We would suggest that you discuss the matter in more detail with your solicitor. Any such change is minor and should not involve anything other than a nominal fee. We wish you the best of luck.