While both are responsible for managing someone else’s affairs, they serve different purposes at different times.

Understanding these distinctions is important so that you can appoint the right people for the role.

In this blog post, Walker Foster’s Wills & Probate Executive Cay Schofield defines the differences between the two and the responsibilities that each role has.

What are the key differences between executors and attorneys? 

While both executors and attorneys handle a person’s (the ‘donor’s’) affairs, the fundamental difference between the two are:

• An executor handles a person’s estate after they die.
• An attorney makes decisions on behalf of a living person.

The responsibilities of each of these two roles do not overlap, as an attorney’s authority ends at the donor’s death, while an executor’s authority begins at the donor’s death.

Executors

An executor is a person named in a will to administer the estate of someone who has passed away. An executor can be a family member, friend or a professional such as a solicitor. They have a legal duty to act in the best interests of the estate and its beneficiaries.

The responsibilities of an executor

• Applying for probate (if required): this is the legal process of confirming the validity of a Will and granting the authority to act according to its instructions.
• Paying debts and taxes: settling outstanding bills, funeral costs and inheritance tax.
• Distributing assets: ensuring beneficiaries receive their inheritance according to what was specified in the Will.
• Managing property and accounts: closing bank accounts, handling investments and selling property if necessary.

Attorneys

An attorney is someone appointed under a Power of Attorney (POA) to make decisions on behalf of a donor who is still alive but is incapacitated or no longer able to make decisions for themselves. An attorney can also be a family member, friend or a professional such as a solicitor. As the donor’s attorney, they have a legal duty to act in the best interests of the donor and make choices that reflect their wishes for their estate and health.

Responsibilities of an attorney

• Managing finances: paying bills, handling investments and managing bank accounts.
• Making healthcare decisions: deciding on medical treatments and care plans.
• Keeping records: documenting financial transactions and decisions.

Can one person be both an executor and an attorney?

Yes, the same person can be appointed as both as an attorney - administering your estate should you be incapable of doing so - and also an executor, managing your estate after your death.