How Do I Choose Executors for My Estate?
6 minute read
An executor’s role is significant. Choosing wisely makes all the difference.
When you sit down to make your will, a great deal of thought naturally goes into deciding who should benefit from your estate. But the question of who will actually administer that estate, gather the assets, pay the debts, deal with the paperwork, and ultimately put your wishes into effect deserves just as much care and attention.
Choosing the right executors is one of the most consequential decisions you will make in your will. Get it right, and your estate will be handled efficiently, sensitively, and in keeping with your intentions. Get it wrong, and you risk delays, family conflict, and in the worst cases, costly legal disputes.
This guide walks you through the key considerations so that when you come to instruct a professional will-drafter, you are well prepared to make informed choices.
Table of Contents
What Is an Executor and What Do They Actually Do?
Before considering who to choose, it helps to understand what the role involves. An executor is the person you appoint in your will to carry out the administration of your estate after your death. Their duties typically include registering the death and obtaining the grant of probate, identifying and valuing all assets and liabilities, paying any debts and taxes owed by the estate, and then distributing what remains to your beneficiaries in accordance with your will.
In straightforward estates, this process might take six to twelve months. In more complex estates, particularly those involving property, business interests, trusts, or overseas assets, the administration can take considerably longer. It is not a trivial responsibility, and it is worth choosing your executors with that in mind.
How Many Executors Should You Appoint?
You can appoint as few as one executor, and in simple estates with a single, trusted person available, that may be perfectly adequate. However, as a general rule, appointing at least two executors is sensible, and most will-drafters would recommend it.
There are practical reasons for this. If you appoint only one executor and they die before you, or at the same time as you, your estate could face significant delays and complications. If they become ill or incapacitated during the administration, progress can grind to a halt. Two or more executors provide resilience and continuity.
Having more than one executor also provides a degree of natural oversight. Each executor has the same legal duties and the same legal responsibilities. They must act jointly, which means decisions are checked and shared rather than left to a single person acting alone. For most families, this is a reassuring safeguard.
The maximum number of executors who can take a grant of probate at the same time is four. Appointing more than four is possible, but only four can act at any one time. In most cases, two or three is a workable and practical number.
Do Not Forget to Appoint Substitutes
One aspect of executor appointments that is often overlooked is the importance of naming substitute executors. A substitute executor steps in if your primary choice is unable or unwilling to act. Without a named substitute, your estate may have to rely on the court to appoint someone, which adds time, cost, and uncertainty.
Think of substitute executors in the same way you might think of a spare tyre. You hope you will never need them, but you will be very glad they are there if the situation arises. Your will drafter can include a simple substitution clause to make this provision clear and concise.
Choosing the Right People: The Key Qualities to Look For
There is no legal requirement that an executor must have any particular qualification or professional background. But certain qualities will make a significant difference to how well they perform the role.
Consider Appointing Someone of a Younger Generation
One of the most practical considerations is age. If you appoint executors who are broadly the same age as you, there is a real possibility that they will predecease you, or that by the time they are called upon to act, their own health may have declined. Where possible, it is worth considering whether a trusted person from a younger generation, perhaps an adult child, a niece or nephew, or a younger friend or colleague, would be appropriate.
That said, age alone is not the deciding factor. The person also needs to be mature, reliable, and genuinely capable of handling what can be a demanding administrative task. Appointing someone simply because they are young is no better than appointing someone simply because they are old.
Responsibility and Capability
An executor needs to be organised, methodical, and willing to deal with correspondence, forms, and financial institutions over a sustained period. The administration of even a relatively straightforward estate will require persistence and attention to detail. Ask yourself honestly whether the person you have in mind has those qualities.
They will also need to be emotionally resilient enough to manage the process while potentially grieving themselves, and practically capable of dealing with solicitors, accountants, HMRC, and financial institutions when required.
The Ability to Cooperate
If you are appointing more than one executor, which you should be, it is important that your choices are people who can work together effectively. Co-executors must agree on decisions and act jointly. If you appoint two people who have a difficult relationship with each other, or who are known to disagree on important matters, you risk creating a situation where the administration of your estate becomes a source of conflict rather than a resolution of it.
Think carefully about the interpersonal dynamics between the people you are considering. Family relationships can be complicated, and the stress of bereavement sometimes brings underlying tensions to the surface. Choose people whom you genuinely believe will be able to communicate, compromise, and cooperate when it matters.
Financial Responsibility
An executor has legal duties in relation to the financial management of your estate. They must properly account for all assets and liabilities, ensure debts and taxes are paid, and distribute the estate correctly. While they do not need to be a financial expert, they do need to be someone with a sensible and responsible attitude towards money.
If you have concerns about a potential executor’s personal financial management, for example, if they have a history of debt problems, poor financial decisions, or financial irresponsibility, it is worth thinking carefully about whether they are the right choice. An executor who is themselves in financial difficulty may face pressures that could, in extreme cases, compromise their handling of the estate.
Not sure who to trust with your estate? Our will-drafting specialists can help you think through your options and draft an executor clause that gives you real peace of mind.
Family Members as Executors: The Pros and Cons
For most people, the natural starting point is to consider family members, and in many cases, a family member is exactly the right choice. But it is worth weighing the advantages and disadvantages honestly before deciding.
The Case for Appointing a Family Member
A family member will often have a close understanding of your wishes, your assets, and the relationships within your family. They have a personal stake in ensuring the estate is administered fairly and in accordance with your intentions. They are unlikely to charge a fee for acting, which can make a meaningful difference to the estate’s net value. And they will often be more accessible and responsive to the needs of grieving beneficiaries than a professional firm.
For straightforward estates with uncomplicated family dynamics, a capable and trusted family member is frequently the best choice.
The Limitations of Appointing a Family Member
The limitations are also real. Estate administration can be technically complex, particularly when it involves property, business interests, trusts, or inheritance tax planning. A family member without relevant experience may find themselves out of their depth, and mistakes made during administration can be costly and difficult to undo.
There is also the emotional dimension. Being an executor while simultaneously grieving is genuinely demanding, and not everyone is well placed to manage both at once. Some family members will find the role burdensome rather than a meaningful act of care.
Finally, if the family is not entirely harmonious, appointing one family member as executor over others can sometimes create or exacerbate feelings of resentment, particularly if the executor is also a beneficiary of the estate.
Professional Executors: When They Make Sense
A professional executor, typically a solicitor or a trust corporation, brings expertise, objectivity, and reliability to the role. They are experienced in the administration process, they understand the legal and tax requirements, and they are not personally affected by the emotional dimensions of the estate.
Professional executors are worth considering in a number of situations: when the estate is complex, when there is no obvious family member capable of handling the role, when family relationships are strained, or when there are ongoing trust arrangements that require long-term professional management.
The main drawback is cost. Professional executors charge fees, and those fees are payable from the estate, which reduces what passes to your beneficiaries. Fees vary considerably between firms, so it is worth understanding what a professional executor would charge before including them in your will.
One practical middle ground is to appoint a combination of a family member and a professional. This allows the family to remain involved and retains the personal touch, while ensuring that professional expertise is available when the administration becomes technically demanding.
Conflicts of Interest: When They Arise and How to Handle Them
A conflict of interest arises when an executor has a personal financial interest in a decision they are making on behalf of the estate. The most common example is when an executor is also a beneficiary of the estate. In principle, this is entirely permissible and very common. In practice, it can sometimes lead to problems.
Consider a situation where an executor is one of several beneficiaries and has a personal interest in selling the family home quickly in order to receive their inheritance, while another beneficiary would prefer to wait for a better sale price. The executor is in a position where their personal interests and their duties to the estate may pull in different directions.
Similarly, if an executor is owed money by the estate or owes money to the estate, there is an obvious tension between their personal interest and their duty to act in the best interests of all beneficiaries.
The best way to minimise the risk of conflicts of interest is to think carefully at the will-drafting stage about whether any of your proposed executors are likely to face situations of this kind. If potential conflicts are foreseeable, your will drafter can sometimes include provisions to address them, or can advise on whether a different executor appointment might be more appropriate.
It is also worth noting that executors who are also trustees (where there are ongoing trust provisions in the will) are in a particularly important position. Their duties as trustees are long-term, and they must always act in the best interests of the beneficiaries as a whole, even where that conflicts with their own interests. Choosing people with genuine integrity is therefore essential.
A conflict of interest among executors can delay your estate and damage family relationships. We can help you structure your will to reduce this risk.
Executors Who Can Also Act as Trustees
If your will creates a trust, for example, because you have young children who cannot inherit outright until they reach a certain age, then your executors will typically also become the trustees of that trust once the estate administration is complete. This is an important point that many people overlook.
The role of a trustee is quite different from that of an executor. Whereas the executor’s job is essentially to wind up the estate, the trustee’s job is ongoing. They may hold assets on behalf of children for many years, make decisions about how to invest or manage those assets, and determine when and how distributions are made for the children’s benefit.
This means that when choosing your executors, you should also be thinking about whether they would make suitable long-term trustees. Are they likely to still be in a position to act in ten or fifteen years’ time? Will they take the responsibilities seriously over the long term? Are they people who can be trusted to make thoughtful decisions in the interests of your children, even when those decisions may be complex or require professional advice?
For many families, the answer to these questions points towards appointing at least one person with genuine financial or legal literacy alongside a trusted family member. The combination tends to work well.
A Note on Talking to Your Proposed Executors
One practical point that is easy to overlook: it is good practice to speak to the people you are considering appointing as executors before finalising your will. The role carries real legal responsibilities, and it is only fair to give people the opportunity to say whether they feel able and willing to take it on.
Some people are genuinely happy to act and will feel honoured to be asked. Others may feel daunted by the responsibilities or may have personal circumstances that make it impractical. Giving them the chance to say so means you can make your appointment with confidence, and it also means that your executors will be better prepared when the time comes.
The Role of Professional Will Drafting in Getting This Right
Choosing your executors is not simply a matter of writing names into a document. The executor clause in your will needs to be properly drafted to reflect your choices, deal with substitutions, address what happens if none of your named executors can act, and, where relevant, set out the powers available to your executors and trustees.
Poorly drafted executor clauses are a more common cause of difficulty than many people realise. They can lead to disputes about who has the authority to act, delays in obtaining probate, and practical complications during the administration. A professionally drafted will takes account of all of these possibilities and builds in the appropriate protections.
If you are unsure who to appoint or how to structure your executor provisions, that uncertainty is itself a good reason to seek professional advice. A qualified will drafter will not tell you who to choose, but they can ask the right questions, explore the implications of different choices, and help you arrive at a solution that genuinely fits your circumstances.
We Are Here to Help
Choosing the right executors is a decision worth taking seriously, and it is one you should not have to navigate alone. Whether you have a clear idea of who you want to appoint or you are genuinely uncertain, our team is here to help you think it through.
We will take the time to understand your family circumstances, explain your options clearly, and ensure your will is drafted so your executors have every chance of doing their job well.
If you would like to get started or have a question, please do get in touch. You can use our online contact form or call us directly to get started.
Frequently Asked Questions
How many executors should I appoint in my will?
There is no fixed rule, but appointing two or three executors is generally recommended. This provides resilience if one executor is unable to act, and ensures that decisions are shared rather than left to a single person. A maximum of four executors can take out a grant of probate at the same time.
Can a beneficiary also be an executor?
Yes, this is very common and entirely permissible. However, it is worth noting that a beneficiary-executor may face situations in which their personal interests and duties as executor may conflict. A professionally drafted Will can help to manage this risk.
Can I appoint a solicitor as my executor?
Yes. A solicitor or trust corporation can act as a professional executor. This can be a good option when the estate is complex, there is no suitable family member, or ongoing trust administration requires long-term professional involvement. Professional executors charge fees, which are payable from the estate.
What happens if my executor dies before me?
If you have not appointed a substitute executor, and all of your named executors are unable to act, the court may need to appoint an administrator to deal with your estate. This adds delay, cost, and uncertainty. Including a substitution clause in your will is a straightforward way to avoid this situation.
Can my executor also act as trustee for my children?
In most cases, yes. Your executors will typically become the trustees of any trust created under your will once the estate administration is complete. It is therefore important to choose executors who would also make suitable long-term trustees, particularly if there are young children involved.
What if my executors cannot agree?
Co-executors must act jointly, and disagreements between them can delay the administration of the estate. In the event of a serious dispute, the court can be asked to resolve the matter, but this is expensive and time-consuming. The best safeguard is to choose executors whom you genuinely believe can cooperate, and to discuss your wishes with them during your lifetime.
Disclaimer
This article is intended as general information only and does not constitute legal advice. The information refers to the law of England and Wales. Tax thresholds and legal rules are correct at the time of writing but are subject to change. We recommend that you seek professional advice regarding your own circumstances.
Bio
This article was written by Stephen Rhodes. Stephen was called to the Bar of England and Wales in 1999 and brings over 25 years of in-house experience working with solicitor firms across the Manchester area, with a specialism in Wills and Probate. He now focuses exclusively on will drafting, helping his clients ensure their loved ones are taken care of exactly as they would wish.