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An executor may deal with significant amounts of money, property and sensitive personal information. Trust should be fundamental to your decision.
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Who Can Be an Executor of a Will?
An executor of a will can be a family member, friend or professional you trust to deal with your estate after your death. You can appoint more than one person, and an executor can also be someone who benefits from your will.
Choosing an executor deserves careful thought. The role can involve identifying assets and debts, dealing with inheritance tax where applicable, applying for probate when required, paying liabilities and eventually distributing the estate according to the will.
The person you choose does not need to be a legal or financial expert, but they should be trustworthy, organised and willing to take responsibility for the administration involved.
The Short Answer: Who Can You Choose as Your Executor?
In England and Wales, people commonly appoint:
- A spouse or civil partner.
- An adult child.
- Another relative.
- A trusted friend.
- A professional, such as a solicitor.
- More than one executor.
The person should be someone you trust to follow your wishes and deal responsibly with your estate.
Although choosing somebody close to you is common, the most obvious family member is not necessarily the best choice. Consider their circumstances, ability to manage paperwork and whether they are comfortable taking on the responsibility.
What Does an Executor Actually Do?
An executor is responsible for administering the estate in accordance with the will and the law.
Depending on the estate, their responsibilities may include:
- Locating the original will.
- Identifying property, savings and other assets.
- Establishing outstanding debts and liabilities.
- Valuing the estate.
- Reporting relevant information to HMRC.
- Dealing with inheritance tax where applicable.
- Applying for a grant of probate when required.
- Paying outstanding debts and estate expenses.
- Keeping appropriate records.
- Distributing the remaining estate to beneficiaries.
For a straightforward estate, some of these tasks may be relatively simple. Larger or more complicated estates can require considerably more administration.
This is why it is worth thinking about the practical responsibilities of the role rather than choosing someone purely because of their relationship to you.
Can a Beneficiary Also Be an Executor of a Will?
Yes. A beneficiary can also act as an executor.
It is common, for example, for someone to appoint their spouse or an adult child as an executor while also leaving part of the estate to that person.
Being named as a beneficiary does not in itself prevent somebody from administering the estate.
However, you should think carefully about family dynamics. Where relationships are difficult or beneficiaries may disagree over the estate, appointing suitable co-executors or seeking professional advice may help reduce potential problems.
Can a Family Member Be an Executor?
Yes. Family members are frequently chosen because they know the person making the will and are likely to understand their circumstances and wishes
Possible choices include a:
- Spouse or civil partner.
- Adult son or daughter.
- Brother or sister.
- Other trusted relative.
The relationship alone should not determine your decision. Ask whether the person is reliable, willing to take responsibility and likely to deal fairly with everyone involved.
It is also sensible to speak to the person before naming them. Discovering the appointment for the first time after a death can create additional pressure at an already difficult time.
Can You Have More Than One Executor?
Yes. You can name more than one executor in your will.
This can be useful where an estate is complicated or where you would prefer responsibilities to be shared. For example, you might appoint two adult children or combine a family member's knowledge of your circumstances with professional expertise.
Up to four executors can be named on a grant of probate in England and Wales.
Having several executors is not automatically better, though. If people have a difficult relationship, live far apart or regularly disagree, administering the estate together can become harder rather than easier.
The aim should be to choose people who are both suitable individually and capable of working together.
How Do You Choose the Right Executor?
A good executor does not need to know everything about probate before accepting the role. They should, however, be capable of handling responsibility and seeking appropriate help when necessary.
Consider whether the person is:
Organised
Estate administration can involve forms, correspondence, valuations, deadlines and financial records. Someone who is reasonably organised may find the responsibilities easier to manage.
Willing to Take on the Role
Do not assume somebody will want to act simply because they are close to you. Discuss your plans with them before finalising your will.
Able to Deal With Other Beneficiaries
Executors sometimes have to communicate with several family members or beneficiaries. Someone who can remain practical and communicate clearly can be particularly helpful.
Likely to Be Available When Needed
Think about age, health, location and personal circumstances. Your will may not be needed for many years, so it can also be sensible to appoint substitute executors in case your first choice cannot act.
Should You Appoint a Professional Executor?
You can appoint a professional executor, and there are circumstances where professional involvement may be worth considering.
These can include estates involving:
- A business.
- Overseas property or assets.
- Complex trusts.
- Significant inheritance tax considerations.
- Vulnerable beneficiaries.
- Difficult family relationships.
- A likely dispute over the estate.
Professional executors will normally charge for their work, so the potential cost should form part of your decision.
For many straightforward estates, a trusted family member or friend may be perfectly capable of acting and obtaining professional assistance if a particular issue arises.
What If Your Chosen Executor Cannot or Does Not Want to Act?
Circumstances can change between making a will and the time it is eventually needed.
An executor may die before you, become unwell, move abroad or simply decide they do not want to take on the responsibility.
Naming a substitute executor in your will can help provide an alternative if your first choice is unable to act.
If someone is appointed but does not want to administer the estate after your death, different options may be available depending on whether they have already become involved in the administration. Appropriate probate advice should be sought where necessary.
This is also one reason to review your will periodically rather than assuming the people originally chosen will always remain suitable.
Can an Executor Change What the Will Says?
An executor's role is to administer the estate, not rewrite the deceased person's wishes.
They are responsible for dealing with the estate according to the valid will and their legal duties. Being an executor does not give someone the freedom to decide that one beneficiary deserves more than another or to distribute assets however they prefer.
There are circumstances where beneficiaries may agree to alter how an inheritance is distributed, but this is a separate legal issue and appropriate advice may be required.
Common Mistakes When Choosing an Executor
A few practical mistakes can make estate administration unnecessarily difficult.
Try to avoid:
- Choosing somebody without discussing the role with them.
- Appointing several people who are unlikely to work well together.
- Assuming the eldest child must be the executor.
- Choosing purely on family relationship rather than suitability.
- Forgetting to name a substitute.
- Failing to review your choice when circumstances change.
- Assuming an executor needs to handle every complicated legal or tax matter without professional assistance.
The best choice is usually someone you trust who understands the responsibility and is comfortable taking it on.
Frequently Asked Questions
Does an Executor Have to Be a Family Member?
No. You can appoint a trusted friend or an appropriate professional instead. The important considerations are whether the person is suitable, trustworthy and willing to act.
Can My Spouse Be Both Executor and Beneficiary?
Yes. It is common for a spouse or civil partner to be both an executor and a beneficiary under the same will.
Can My Children Be Executors?
Adult children can be appointed as executors. Consider their circumstances, ability to manage the responsibilities and whether siblings appointed together are likely to work effectively.
Do Executors Get Paid?
A family member or friend does not automatically receive payment simply for being an executor, although legitimate expenses associated with administering the estate can generally be reimbursed. Professional executors may charge for their services.
Do Executors Need to Know What Is in My Will?
You do not necessarily have to disclose every detail of your will while you are alive. However, it is sensible to tell your chosen executors that you have appointed them and make sure they know where the original will can be found when it is eventually needed.
Choose Someone You Trust With the Responsibility
Choosing an executor is about more than deciding who knows you best. You are selecting someone who may eventually be responsible for dealing with your property, finances, paperwork and beneficiaries at a difficult time.
Think about trust, organisation, willingness and family circumstances, and review your choice if those circumstances change.
London Will Writing has helped individuals and families with wills and estate planning since 2007. If you are making a new will or reviewing an existing one, you can learn more about our will writing service or arrange a consultation to discuss your wishes.
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