Executor vs Attorney

Estate Planning: What’s the Difference?

When putting an estate plan in place, you’ll be asked to nominate people you know and trust to take on important roles. Two of the most significant are your executor and your attorney.

While these roles are often confused, they serve very different purposes and step in at different times. Understanding the distinction is key to making informed decisions about who you appoint — and ensuring your wishes are followed.

This blog explains the role of an executor and an attorney, why they matter, and how to choose the right people for the job.

Executor vs Attorney: The Key Difference

The simplest way to understand the difference is timing.

Your executor acts after you die

Your attorney acts during your lifetime, if you lose capacity

Both roles are critical to a well‑considered estate plan, but they operate under different legal documents and handle different responsibilities.

What Does an Executor Do?

An executor is appointed in your Will. Their role begins after your death and involves administering your deceased estate in accordance with your wishes.

An executor’s responsibilities typically include:

• Managing your deceased estate
• Identifying and calling in your assets
• Paying debts, liabilities and expenses
• Defending or responding to any legal claims against the estate
• Distributing your estate to beneficiaries as set out in your Will

Being an executor comes with legal obligations and duties. It’s a role that can involve significant responsibility, time and decision‑making.

What Does an Attorney Do?

An attorney is appointed under an Enduring Power of Attorney (EPOA).

Their role starts only if you lose capacity, meaning you can no longer make your own decisions. An attorney’s authority ends upon your death. Depending on how your Enduring Power of Attorney is drafted, your attorney may be authorised to make decisions about:

Personal matters, such as health care, support services and where you live

Financial matters, such as managing bank accounts, paying bills, or buying or selling assets

Your attorney must always act in your best interests and strictly within the powers granted to them under your EPOA.

Who Makes a “Good” Executor or Attorney?

There is no one‑size‑fits‑all answer. The right choice will depend on your personal circumstances, including:

• Who is in your close circle
• Your values and preferences
• Your family dynamics
• The complexity of your assets and affairs

Some people appoint the same person as executor and attorney, while others choose different people for each role.

The most important consideration in both cases is trust.

Choosing Your Executor

A good executor is someone you trust to:

• Carry out your wishes as expressed in your Will
• Act honestly and in good faith
• Understand (or be willing to learn) their legal obligations
• Be available and capable of managing your estate
• Seek professional advice when needed
• Follow your guidance, including any directions in your Letter of Wishes

Because administering an estate can be complex, it’s important to choose someone who is organised, reliable and comfortable dealing with professionals such as lawyers and accountants.

Choosing Your Attorney

Choosing an attorney often requires even deeper consideration, as they may be making decisions for you at a very vulnerable time.

You should trust your attorney to:

• Act in your best interests at all times
• Put your rights, needs and wellbeing first
• Respect your wishes, values and preferences
• Understand their legal obligations
• Be available to step in when required
• Communicate confidently with health care providers
• Make sound decisions, even under pressure
• Seek professional advice when needed

This role requires emotional intelligence, resilience and confidence — particularly when dealing with medical or aged‑care decisions.

Executor and Attorney Appointments Are Part of a Bigger Picture. Who you appoint as your executor and attorney is just one part of your overall estate planning strategy.

Equally important are:

• The terms of your Will
• The powers and authorities granted in your Enduring Power of Attorney

These documents must be carefully drafted to ensure your executor and attorney have the authority they need to act properly and protect your interests.

At TPIL Lawyers, we guide our clients through the estate planning process, providing advice on suitable appointment options and helping structure documents that reflect each client’s goals, values and personal circumstances.