How to Choose an Executor for Your Will: Responsibilities and Common Mistakes

An executor is a person appointed in a valid will to administer the deceased's estate.

Their role is to ensure that the estate is dealt with according to the will and applicable law.

The executor does not become the owner of the estate simply because they have been appointed.

Instead, they have legal responsibilities towards the estate and its beneficiaries.

What Does an Executor Actually Do?

An executor's duties may include:

1. Locating the original will and identifying estate assets.
2. Notifying relevant financial institutions and organisations.
3. Establishing the value of the estate.
4. Identifying outstanding debts and liabilities.
5. Completing inheritance tax reporting where required.
6. Applying for a grant of probate where necessary.
7. Collecting or transferring estate assets.
8. Paying debts, tax and administration expenses.
9. Distributing the estate to beneficiaries.
10. Preparing appropriate estate accounts and records.

Not every estate requires the same level of work.

A straightforward estate with a single bank account and a small number of beneficiaries may be relatively simple to administer.

An estate involving property, business interests, trusts or disputes can be considerably more demanding.

In England and Wales, an executor must generally be at least 18 to take out a grant of probate and administer the estate.

A person named as executor who is under 18 when the testator dies may have their right to prove the will reserved until they reach adulthood, with alternative arrangements potentially required in the meantime.

There is no general requirement for an executor to have legal or financial qualifications.

Common choices include:

• A spouse or civil partner.
• An adult child.
• A sibling or other relative.
• A trusted friend.
• A solicitor.
• Another suitable professional or trust corporation.

The legal position and probate procedures differ in Scotland and Northern Ireland.

Can a Beneficiary Also Be an Executor?

Yes.

In England and Wales, an executor can also be a beneficiary under the will.

For example, a person may appoint their spouse as executor while also leaving them the majority of the estate.

This is common and does not automatically create a legal problem.

However, difficulties may arise where the executor's personal interests conflict with their responsibilities to other beneficiaries.

The suitability of an appointment should therefore be considered in the context of the entire family.

The best executor is not necessarily the oldest relative, the wealthiest family member or the person who stands to inherit the most.

The following qualities are often more relevant.

Trustworthiness

An executor may have access to sensitive financial information and responsibility for substantial assets.

You should have confidence that they will act responsibly and follow the legal requirements.

Organisation

Estate administration involves documents, deadlines, correspondence and financial records.

Someone who is methodical and comfortable managing paperwork may be well suited to the role.

Willingness to Act

Being named in a will does not mean someone must necessarily accept the appointment.

An executor may be able to renounce the role before taking steps that amount to accepting it.

It is therefore sensible to discuss the proposed appointment beforehand.

Ability to Remain Impartial

Executors must administer the estate properly, even where beneficiaries disagree.

Someone who can communicate calmly and make decisions without unnecessary conflict may be particularly valuable.

Availability

An executor living abroad or managing significant personal commitments may still be legally capable of acting.

However, distance, time constraints and practical difficulties should be considered.

There is no universally correct answer.

Family members may understand your circumstances and wishes, while professionals may offer experience in estate administration.

The appropriate choice depends on the work involved and the potential for disagreement.

A family executor can instruct a solicitor, accountant or other appropriate professional to assist with particular tasks.

Appointing a family member does not mean that person must personally complete every technical aspect of estate administration.

Equally, appointing a professional executor does not remove the need to understand the fee structure.

Professional executor fees vary according to the provider, the estate and the work required.

Some providers charge hourly rates.

Others may charge fixed fees, a percentage of the estate or a combination of charging methods.

Additional expenses may also arise.

A percentage-based arrangement can become substantial where the estate contains a valuable property, even if the administration is relatively straightforward.

For example, a hypothetical fee of 2% of a £750,000 estate would amount to £15,000 before considering any additional charges or tax treatment.

This is an illustration of how percentage fees work, not a statement of typical market pricing or Telmar's fees.

Before appointing a professional executor, ask:

• How will fees be calculated?
• Is there a minimum charge?
• Are property values included in percentage calculations?
• Are third-party legal and accountancy fees additional?
• What happens if the estate is disputed?
• Can beneficiaries obtain a clear breakdown of costs?

A transparent charging structure is particularly important because the eventual fees may be paid many years after the will is prepared.

You can appoint more than one executor.

In England and Wales, up to four executors can generally take a grant of probate.

Many people choose two executors, although the appropriate number depends on their circumstances.

Advantages of Appointing Two Executors

Two executors may share administrative responsibilities and provide continuity if one is unable to act.

They may also bring different skills.

For example, one executor may understand the family's circumstances while another is more experienced with financial administration.

Potential Disadvantages

Joint appointments can become difficult where executors disagree.

Some decisions require cooperation, and disagreements can delay administration.

Appointing two people who have a strained relationship may therefore be less helpful than appointing one suitable individual.

The objective should be effective administration, not simply appointing the maximum number of people.

Naming replacement executors is often sensible.

An executor may die before you, become seriously ill, lose capacity or decide not to act.

Without suitable alternatives, additional legal procedures may be necessary to establish who can administer the estate.

A replacement appointment can provide greater continuity.

However, the wording of the will matters.

There is a difference between appointing several executors jointly and appointing one person with another to act only if the first cannot.

The arrangements should be drafted clearly so there is no uncertainty about the intended order of appointment.

Yes.

Appointing a spouse or civil partner is common, particularly where they are also the principal beneficiary.

They may already understand the family's assets, liabilities and financial arrangements.

However, there are practical considerations.

The surviving spouse may be dealing with bereavement while also facing substantial administrative responsibilities.

They may have limited experience managing investments, business interests or tax matters.

A second executor or suitable replacement may provide additional support.

For couples with children from previous relationships, it is also important to consider whether the appointment could create tensions between the surviving spouse and other beneficiaries.

The fact that someone is a spouse does not automatically make them the most suitable executor in every situation.

Adult children are another common choice.

They may be familiar with your circumstances and have a strong personal interest in ensuring that your wishes are followed.

However, appointing children can be complicated where siblings have different relationships, financial circumstances or expectations.

Appointing All Your Children

Some parents appoint every adult child because they want to be fair.

But equal treatment does not always produce efficient administration.

If three siblings have a history of disagreement, requiring them to make estate decisions together may increase the risk of delay.

Appointing One Child

Appointing one capable child may be practical.

However, other children may feel excluded or question decisions made by the executor.

Clear communication and appropriate record-keeping can help, although they cannot eliminate every disagreement.

Where family relationships are particularly difficult, an independent professional may be worth considering.

An executor living outside the UK may still be able to act, depending on the circumstances.

However, international appointments can create practical difficulties.

These may include obtaining identification documents, signing paperwork, dealing with UK institutions and coordinating property transactions.

There can also be tax and legal considerations where executors or trustees are resident overseas.

An overseas appointment should therefore be considered carefully, especially where the estate includes trusts or substantial investments.

It may be sensible to obtain specialist advice before finalising the will.

Yes, in appropriate circumstances.

A person named as executor may decide not to take on the responsibility.

In England and Wales, an executor who has not already accepted the role through their conduct may generally be able to renounce probate.

Different procedures may apply where the person wishes to reserve their right to act or has already begun administering the estate.

This is one reason to discuss appointments in advance.

It is also why replacement executors are valuable.

An executor's circumstances may change considerably between the date the will is signed and the date it is needed.

Yes, provided you have the necessary testamentary capacity and comply with the relevant legal formalities.

You may wish to change an executor if:

• They die or become seriously ill.
• Your relationship changes.
• They move abroad.
• They no longer wish to act.
• Your estate becomes more complicated.
• You appoint a different professional adviser.
• Family circumstances create a potential conflict.

Changes should be made through a valid new will or an appropriately executed codicil.

Do not simply cross out a name or write a replacement into an existing signed will.

Informal amendments can create uncertainty about whether the change is legally effective.

Several recurring mistakes can create avoidable difficulties.

1. Choosing Someone Solely Because They Are the Eldest Child

Age does not necessarily indicate administrative ability, reliability or willingness.

Choose based on suitability rather than family convention.

2. Failing to Ask Whether They Will Act

Someone may be uncomfortable with the responsibility or unable to commit the necessary time.

Discuss the appointment before finalising your will.

3. Appointing People Who Cannot Work Together

Joint executors who disagree may delay decisions about property, distributions and estate expenses.

Consider the likely working relationship.

4. Overlooking Professional Fees

Professional executor appointments can create substantial charges.

Understand the fee structure and alternatives before making the appointment.

5. Failing to Name Replacements

Executors may become unable or unwilling to act.

Suitable replacement provisions can reduce future uncertainty.

6. Ignoring Conflicts of Interest

An executor who is also a beneficiary may act perfectly appropriately.

However, where there are disputes or competing interests, an independent appointment may be more suitable.

7. Never Reviewing the Appointment

An executor chosen twenty years ago may no longer be the right person.

Review appointments after significant changes in family or financial circumstances.

Consider a widowed homeowner in her seventies.

Her estate includes a £550,000 property, savings, investments and personal possessions.

She has three adult children.

The eldest lives overseas, the second lives nearby but has limited time, and the youngest is experienced in financial administration.

She initially considers appointing all three children as executors to avoid appearing unfair.

However, a review identifies several practical questions.

Would the eldest be able to deal efficiently with UK institutions?

Would the second have sufficient time?

Would the youngest be comfortable sharing decisions with siblings who have different expectations?

The family might decide that one or two executors, supported by professional advice where needed, would be more practical.

Alternatively, an independent professional appointment could be considered if there were significant family tensions.

The point is not that one arrangement is necessarily better.

It is that the decision should reflect the actual responsibilities and relationships involved.

Once you have chosen your executors, some practical communication can make their future role easier.

They should know that they have been appointed and where the original will is stored.

It may also be useful to explain where they can locate records of property, bank accounts, pensions, insurance policies and liabilities.

Avoid placing passwords or sensitive security information in an unsecured document.

You do not necessarily need to disclose every detail of your estate.

However, providing a clear record of where important information can be found may reduce unnecessary administration.

You should also tell executors if you later change your will and their appointment is affected.

Professional input may be especially useful where an estate includes:

• Business interests or agricultural assets.
• Overseas property.
• Complex trusts.
• Children from previous relationships.
• Vulnerable beneficiaries.
• Potential inheritance tax liabilities.
• Disputed family relationships.
• Substantial debts or unusual ownership arrangements.

A solicitor or appropriately qualified professional can explain the legal responsibilities and help structure appointments.

At Telmar Estate Planning, executor selection can form part of a wider discussion about your will, beneficiaries and estate administration objectives.

The aim should be to choose individuals who can carry out the role effectively, with suitable professional assistance where required.

Choosing an executor is a practical decision with legal consequences.

The person you appoint may be responsible for managing substantial assets, dealing with financial institutions and ensuring that beneficiaries receive their entitlements.

A spouse, adult child, friend or professional may all be appropriate choices.

What matters is trustworthiness, willingness, competence and the ability to manage the responsibilities involved.

Discuss the role beforehand, consider replacement appointments and review your choices as circumstances change.

A carefully considered executor appointment can make estate administration more manageable for the people you leave behind.

1. GOV.UK — Applying for Probate
   https://www.gov.uk/applying-for-probate
   Official guidance on probate, estate administration and when a grant may be required.

2. GOV.UK — Being an Executor
   https://www.gov.uk/probate-estate
   Official guidance on dealing with the estate of someone who has died, including executors' responsibilities.

3. GOV.UK — Making a Will
   https://www.gov.uk/make-will
   Official guidance on choosing executors, making a legally valid will and updating existing arrangements.