Choosing an executor is one of the most practical decisions you make when preparing a will.
Your executors are the people responsible for dealing with your estate after your death. They may need to identify and value assets, settle debts and tax, apply for probate, keep records and distribute what remains according to your will.
It is an important role, but the right choice is not always the eldest child, the closest relative or the person who lives nearest. A good executor needs to be trustworthy, organised, willing to take responsibility and able to work constructively with others.
This guide explains what to consider when choosing executors in England and Wales.
What is an executor?
An executor is a person named in a will to administer the estate of the person who has died. If there is no valid will, there is no executor appointed by the deceased; an entitled person may instead need to apply as an administrator. Our guide explains what happens if someone dies without a will.
The estate may include property, savings, investments, personal possessions and other assets, less any debts and liabilities. Depending on the assets involved, the executor may need to obtain a grant of probate before banks, investment providers or other organisations will release or transfer them.
The role should not be treated as an honorary title. Executors are personal representatives and carry legal responsibilities while the estate is being administered. GOV.UK explains that a personal representative is legally responsible for the estate’s assets during the administration period.
What does an executor have to do?
The work varies according to the estate. A straightforward estate may be relatively manageable, while an estate involving a property sale, trusts, business interests, tax issues, overseas assets or disagreement within the family may require specialist help.
Typical executor duties can include:
- locating the original will and checking its terms;
- securing property and protecting estate assets;
- notifying banks, pension providers and other organisations;
- identifying and valuing assets and liabilities;
- dealing with any relevant tax reporting and payments;
- applying for probate where this is required;
- collecting money, selling or transferring assets;
- paying funeral costs, debts and administration expenses from the estate;
- preparing clear estate accounts; and
- distributing the estate to the beneficiaries in accordance with the will.
An executor does not have to complete every specialist task personally. Professional legal, tax, property or financial support can be obtained where appropriate. The executor remains responsible for making sure the estate is administered properly.
Who can you appoint as an executor?
People commonly appoint a spouse or civil partner, an adult child, another relative, a trusted friend or a suitable professional.
An executor can also be a beneficiary of the will. In fact, it is common for a spouse, partner or adult child to be both an executor and a beneficiary. The two roles are different: the beneficiary receives something from the estate, while the executor is responsible for administering it.
The important question is not simply whether someone is close to you. It is whether they are likely to be capable, willing and suitable when the time comes.
Seven qualities to look for when choosing an executor
1. Trustworthiness
Your executor may handle significant sums of money, private information and decisions affecting several beneficiaries. Choose someone whose judgement and integrity you trust.
2. Organisation
Estate administration can involve forms, valuations, correspondence, deadlines and detailed records. The person does not need to be an expert, but they should be able to manage paperwork carefully and ask for help when needed.
3. Willingness to act
Speak to the person before appointing them. Explain that the role may involve time, responsibility and communication with family members. A surprise appointment can create avoidable difficulty.
4. Ability to communicate calmly
Executors may need to keep beneficiaries informed, explain delays and deal with differing expectations. Calm, clear communication can be particularly valuable where family relationships are sensitive.
5. Practical availability
Think about the person’s health, work, caring responsibilities and other commitments. Age alone should not decide the issue, but it is sensible to consider whether the person is likely to be able to act in future.
6. Sound judgement
An executor may need to decide when to seek professional advice, how to protect a property or how to deal with practical choices permitted by the will. Look for someone who is measured and responsible.
7. Ability to work with any co-executors
If you appoint more than one executor, they need to communicate and make decisions together. Two individually capable people may still be a poor combination if they are unlikely to cooperate.
Should you appoint one executor or more than one?
A sole executor can make administration simpler because one person is responsible for decisions and signatures. However, the estate could face difficulty if that person dies before you, loses capacity, cannot be located or does not wish to act.
Appointing two executors can provide continuity and allow the workload to be shared. It may also be useful where the estate includes a trust or where different people bring complementary skills.
More executors do not automatically mean better administration. Appointing several adult children simply to make everyone feel included can lead to delays if they live far apart, have very different views or struggle to agree.
A balanced approach is often to appoint one or two suitable executors and name one or more replacements. The right structure depends on your family, assets and the terms of your will.
Do you have to appoint all of your children?
No. An executor appointment is a practical responsibility, not a measure of affection or fairness.
One child may be organised and comfortable with paperwork, while another may find the role stressful or have limited time. You might appoint one child, two children who work well together, or a child alongside another trusted person.
It can help to explain the decision during your lifetime, where appropriate. A simple conversation may prevent relatives from assuming that an executor has been given a larger inheritance or a higher status within the family.
Can your spouse or partner be your executor?
Yes. Many people appoint their spouse, civil partner or partner, often alongside a second executor or with a replacement named.
However, consider what would happen if you both died close together, or if the survivor was unwell or unable to manage the estate. This is one reason replacement executors are important.
Couples making similar wills should also remember that each will is a separate document. Our guide to mirror wills explains how matching wills work and why each person should consider their own executor appointments.
Should you appoint a professional executor?
A professional executor may be worth considering where:
- there is no suitable family member or friend;
- family relationships are likely to be difficult;
- the estate includes a business, trusts or overseas assets;
- the administration is likely to involve complex tax or property work;
- a neutral person would be helpful; or
- the will creates arrangements that may continue for several years.
Professional executors normally charge for their work. Before appointing one, understand who will act, how charges will be calculated and whether the appointment remains suitable if the organisation changes. Tailored advice may be needed for a complex estate.
Can an executor also be an attorney under an LPA?
The same person can be chosen for both roles, but the roles operate at different times.
An attorney appointed under a Lasting Power of Attorney may make certain decisions during your lifetime, in accordance with the LPA. That authority ends when you die. An executor’s authority comes from your will and relates to administering your estate after death.
Your children do not automatically have either type of authority simply because they are your children. Each appointment needs to be made through the appropriate document. Read our guide explaining why adult children cannot automatically make decisions for a parent.
What happens if an executor cannot or does not want to act?
An executor named in a will may decide not to take an active role. Where there are other executors, they may be able to have power reserved, which keeps open the possibility of applying later. An executor may also formally renounce their right to apply, although renunciation is a significant and usually permanent step.
If an executor has died or cannot act, a replacement named in the will may be able to step in. Without a suitable acting or replacement executor, somebody else may need to apply under the probate rules.
Naming replacements and reviewing your will periodically can reduce the chance of this causing problems.
Common mistakes when choosing executors
- Choosing someone automatically. The eldest child or closest relative is not always the most suitable person.
- Not asking first. A proposed executor should understand the broad nature of the role and be willing to take it on.
- Appointing too many people. More signatures and personalities can make decisions slower.
- Ignoring family conflict. Executors who do not trust one another may struggle to administer the estate efficiently.
- Failing to name replacements. Circumstances can change between making the will and the executor needing to act.
- Confusing executors with attorneys. An executor acts after death; an LPA attorney acts during the donor’s lifetime.
- Never reviewing the appointment. Health, relationships, location and availability can all change.
Questions to ask before making your decision
Before confirming your executors, consider:
- Do I trust this person to follow my will, even if they would have chosen differently?
- Are they likely to remain organised and communicate clearly?
- Have I asked whether they are willing to act?
- Will my chosen executors work well together?
- Does my estate contain anything that may require specialist knowledge?
- Have I named suitable replacements?
- Would the appointment still make sense after a change in health or family circumstances?
Reviewing the executors in an existing will
You do not need to wait until the rest of your will is obviously out of date. It is sensible to review your executor appointments after retirement, bereavement, family disagreement, a move abroad, a major change in health or a long gap since the will was signed. Our guide to reviewing your will after retirement covers the wider points to check.
A review does not always mean the will must be changed. It gives you an opportunity to check that the people named remain willing, suitable and able to act.
Choosing executors in Poole, Bournemouth or Christchurch
Brooks Wills helps individuals and couples across Poole, Bournemouth, Christchurch, wider Dorset and West Hampshire prepare and review wills in clear, plain English.
We take time to understand your family, property and practical concerns, including who may be best placed to administer your estate and whether replacement executors should be included. Learn more about our professional will-writing service.
Brooks Wills is a member of the Institute of Professional Willwriters and the Society of Will Writers.
Call, message or book a consultation to discuss making a will or reviewing your existing executor appointments.
Simplifying legacies, securing tomorrow.
This article provides general information for England and Wales. It is not legal, tax or financial advice. The right executor arrangements depend on your individual circumstances.
Frequently asked questions
Can an executor inherit from the will?
Yes. An executor can also be a beneficiary. This is common where a spouse, partner or adult child is appointed. The executor must still administer the estate properly and follow the terms of the will.
Does an executor have to be a family member?
No. You can appoint a suitable friend, relative or professional. The main considerations are trust, capability, willingness and the ability to carry out the role.
Should I appoint one executor or two?
Either may be suitable. One executor can make decisions simpler, while two can share the work and provide continuity. The best choice depends on the estate and whether the people appointed can work well together.
Can my executor live abroad?
It may be possible, but distance, identification requirements, tax residence and practical administration can add complexity. Take tailored advice before appointing somebody who lives permanently outside the UK.
What if my executor dies before me or refuses to act?
A replacement executor named in the will may be able to act. Depending on the circumstances, another executor may proceed, or somebody else may need to apply under the probate rules. Naming replacements can make the position clearer.
Is an executor the same as an attorney under a Lasting Power of Attorney?
No. An LPA attorney acts during the donor’s lifetime under the authority given by the LPA. An executor deals with the estate after death under the will. The same person may be appointed to both roles, but the roles are legally separate.
