Article

Criteria in selecting a suitable executor and trustee

A horizontal rectangle divided into two equal parts: the left side is gold, the right side is burgundy.
Silhouette of an adult lifting a child in the air at sunset by the ocean, capturing a moment as timeless and essential as understanding legal wills for future security.

Engaging Executors and Trustees

The spouse, children or immediate family members are often the logical choice for the appointment as executors and trustees. But today, many decide that an independent professional trust company may be preferred as an alternative to the appointment of a family member. This has often proven on hindsight to be the preferred solution.

Another reason is the newly imposed regulations on individual trustees as discussed at 11.13 (Transparency and Effective Control Regulations). In any case, the newspapers are full of articles reporting cases where family members ended up taking each other to Court. Often, the disputes revolve around family members who act as joint executor and trustees.

Challenges with Joint Executors and Trustees

Where joint executors and trustees are appointed, they must act unanimously in the discharge of their office responsibilities. Sometimes, they cannot agree and this can lead to delays in estate administration, potential litigation and other issues. See 4.9, the example in Lau Tyng Tyng v Lau Boon Wee, where a sister and her brother were appointed as the joint executors and trustees in the Will of their late father.

Professional Trust Companies as Executors

It is possible that a professional trust company be appointed as the default executor and trustee in the event that the family member who is appointed may himself be deceased or unwilling or incapable of acting as such.

Criteria for Selecting Executors and Trustees

Some criteria in selecting a suitable executor and trustee are as follows:

  • Is the person responsible and trustworthy? Assess his character as manifested by his living habits and lifestyle.
  • Is he in good health and likely to outlive the testator?
  • The organizational skills of the person.
  • His experience in managing and investing assets and also consider the types of assets to be managed.
  • Does he get along with his family members?
  • Would he be biased against certain beneficiaries?
  • Is he likely to accept the job as it means taking up his personal time in administering the estate?
  • Is he likely to expect a fee or remuneration as this is a voluntary role?

Schedule Your Consultation

We understand that navigating through complex matters can lead to questions and sometimes, uncertainties. That’s why we’re here to provide clarity and support when you need it most.

Please take a moment to fill out the form below, and our experienced team will promptly respond to your inquiry. Rest assured, we are committed to addressing any issue with the attention and expertise you deserve.

Contact Form (SEM)

Share this

Three people are seated at a table, engaged in a conversation about the LPA form. An older man in glasses looks at a laptop held by a person in a suit, while a woman beside him smiles attentively.
Read More >
A man in a suit writes on a transparent board using a marker while holding a clipboard in a modern office setting, crafting estate planning strategies for business owners.
Read More >
Four people are smiling in a circle, looking down at the camera against a blue sky, as if enjoying a bright moment together—a perfect reminder of how estate planning can protect your assets and family.
Read More >
A woman sits at a desk reviewing documents related to asset management, with a laptop in front of her and a notebook beside her. A bookshelf and plant are in the background.
Read More >
Five people, spanning three generations, sit on a bench outdoors, smiling at the camera. The group includes two men, two women, and a young girl in the front.
Read More >
A man in a suit sits at a desk with a laptop, pen and paper, and office supplies, looking thoughtfully at the screen, perhaps contemplating having a will prepared.
Read More >

Join our Mailing List

on Estate Planning & Wealth Succession

A horizontal rectangle divided into two equal parts: the left side is gold, the right side is burgundy.
Subscription Form