The Hidden (and usually Unpaid) Work Behind Being an Executor, Trustee or Attorney

When people are asked to act as an executor under a Will, a trustee of a family trust, or an attorney under an Enduring Power of Attorney, the usual response is simple: of course.

It feels like a gesture of trust. A sign of respect. A practical way to help someone they care about.

Most people say yes without hesitation.

The difficulty is that very few people — including the person making the appointment — really understand what those roles involve.

The assumption: it’s mostly paperwork

Many people imagine these roles involve a few practical tasks: signing some forms, closing bank accounts, perhaps dealing with a property sale.

That might have been closer to the truth decades ago.

Today, things are rarely that straightforward.

Modern estates and trusts often involve multiple financial institutions, investment platforms, KiwiSaver providers, digital assets, insurance policies, and property interests. Even modest estates can require extensive administration.

Trustees must comply with the duties imposed by the Trusts Act 2019, including active decision-making, record keeping, and acting in the best interests of beneficiaries.

Executors administering estates must follow the framework set out in the Administration Act 1969, which governs how assets are gathered, debts paid, and distributions made.

Attorneys acting under an Enduring Power of Attorney operate under the Protection of Personal and Property Rights Act 1988, and may have to make financial decisions or welfare decisions for someone who has lost capacity.

None of these roles are symbolic. Each carries real legal responsibilities.

The part people often overlook: personal liability

A trustee, executor, or attorney is not just helping informally.

They are taking on legal duties.

They must act carefully, keep proper records, avoid conflicts of interest, and make decisions in accordance with the governing documents and the law. If they get it wrong — even unintentionally — they can be personally liable.

This can come as a surprise to people who accepted the role simply because they were asked.

And most are not paid for the work

Another aspect that often catches people off guard is that these roles are generally unpaid.

Family members and friends who take on these responsibilities usually cannot charge for the time they spend dealing with administration. The law treats the role as a fiduciary obligation rather than a paid position.

There are limited exceptions. A professional trustee — for example, a lawyer or accountant acting in that capacity — may charge fees if the governing document allows it and the beneficiaries are aware of that arrangement.

But for most people stepping in to help a parent, sibling, or close friend, the work is done on a voluntary basis.

The work is rarely simple

In practice, the responsibilities can become surprisingly complex.

Executors may need to:

• identify and secure assets

• deal with banks and investment providers

• obtain valuations

• resolve debts and tax issues

• manage property sales

• correspond with beneficiaries

Trustees face ongoing obligations to administer the trust properly, consider the interests of beneficiaries, and keep adequate records of their decisions.

Attorneys may find themselves managing day-to-day finances, dealing with care providers, or making difficult welfare decisions.

Where assets or beneficiaries are overseas, the complexity increases further. Different tax systems, foreign legal requirements, and cross-border compliance issues may all need to be considered.

What started as a favour can evolve into a long and demanding administrative project.

By the end, they know far more than they ever expected

There is a common pattern.

By the time an executor has finished administering an estate, or a trustee has navigated years of trust administration, they have developed a deep understanding of legal processes, financial systems, and family dynamics.

They become unexpectedly well-qualified.

But they often reach that point feeling tired, relieved the work is over, and perhaps a little older — with a few more grey hairs to show for it.

A conversation worth having earlier

None of this means people should refuse these roles.

Many people carry them out carefully and responsibly, and families rely on that commitment.

But it does highlight the value of having a more open conversation before appointments are made.

Understanding what is actually involved helps everyone make better decisions:

• the person making the appointment

• the person being asked to take on the responsibility

• and the family who may one day rely on them to carry it out.

Because these roles are not just titles on a document.

They are real jobs — often far bigger than anyone expected when they first said yes.