Who Should You Choose as Your Executor? Advice From a Bolton Solicitor
When most people make their will, choosing an executor is something of an afterthought. A spouse, a sibling, a close friend – someone gets named and the decision is made without much consideration.
But your executor is the person responsible for carrying out your wishes after you die. It’s one of the most important decisions in your will and one of the least considered. At Liberay Legal, we regularly help clients across Bolton think this through properly when preparing their wills. Here’s what you need to know.
What Is an Executor?
An executor is the person – or people – responsible for administering your estate after you die. They carry out the wishes set out in your will, administer the estate in accordance with the law, and act in the best interests of your beneficiaries.
It’s a legal responsibility, not just an administrative job. You can appoint up to four executors, and many people also choose to appoint replacement executors in case their first choice is unable to act when the time comes.
What Does an Executor Actually Have to Do?
The role involves more than most people realise. An executor’s duties can include:
- Registering the death and obtaining copies of the death certificate
- Identifying and valuing all assets and liabilities in the estate
- Applying for the Grant of Probate where required
- Paying any debts, taxes and funeral expenses
- Collecting in the assets of the estate
- Distributing the estate to the beneficiaries named in the will
- Keeping accurate estate accounts throughout the administration
Depending on the size and complexity of the estate, this process can take several months or considerably longer.
Who Can Be an Executor?
Anyone over the age of 18 with mental capacity can be appointed as an executor – and it’s perfectly common for a beneficiary to take on the role at the same time.
Between 15% and 25% of people choose to appoint a professional executor – a solicitor, accountant or bank – particularly where they want to take the administrative burden off family members who are already dealing with a difficult time.
One important point: your executor cannot be someone who witnesses your will. It’s also worth considering whether they live reasonably close by, particularly if there’s a property involved that needs looking after during the administration.
Who Should You Choose as Your Executor?
Before naming someone, it’s worth asking yourself a few important questions.
Are they organised? An executor will need to manage paperwork, liaise with financial institutions, potentially oversee a property sale, and deal with beneficiaries who may be going through a difficult time. Someone reliable and methodical will make the whole process considerably smoother.
Will they be able to cope? Administering an estate while grieving is genuinely challenging. Think carefully about whether the person you have in mind would feel comfortable taking on that responsibility at what will already be a hard time.
Do they live nearby? It’s not essential, but if your executor lives abroad or a significant distance away, the practicalities of administering the estate can become more complicated.
Will they get along with your beneficiaries? If there’s any potential for family conflict, it may be worth appointing someone impartial. A professional executor can provide reassurance to everyone involved where relationships are strained.
And perhaps most importantly – have you asked them? It’s always worth having the conversation before you put someone’s name in your will.
Should You Appoint One Executor or More?
While it’s possible to appoint a single executor, appointing two is generally the more sensible approach. Your executor may predecease you, lose capacity, or simply decide they don’t want to take on the role when the time comes. Having a second executor means there’s someone to step in without causing unnecessary complications or delays.
You can also appoint replacement executors as a further safeguard – something we’d always recommend discussing when preparing your will.
What Are Trustees and How Are They Different?
Many people appoint the same individuals as both executors and trustees, which is perfectly fine – but it’s important to understand that the two roles are distinct.
An executor’s role is generally temporary, lasting for the duration of the estate administration. A trustee’s role is often ongoing. If your will creates a trust – for example, to hold assets for children under 18 – your trustees will be responsible for managing those assets until the beneficiaries become entitled to receive them.
Should You Appoint a Professional Executor?
For some estates, appointing a professional executor is the most practical choice. Complex estates involving business assets, foreign assets or trusts benefit from professional expertise to ensure everything is handled correctly.
Where there’s potential for family conflict, a professional executor brings independence and impartiality – which can go a long way towards reducing tension and reassuring all parties involved.
At Liberay Legal, we can act as executor or work alongside a family member executor to make sure the estate is dealt with correctly and efficiently.
What Happens If Your Executor Can’t or Won’t Act?
If your executor is unable or unwilling to act – whether because they’ve passed away, lost capacity, or simply don’t wish to take on the role – your will needs a backup plan.
If you’ve appointed a replacement executor, they can step in. But if there’s no replacement named, one of the residuary beneficiaries would need to apply for the Grant of Probate with Will annexed – a process that can cause real and unnecessary delays at an already difficult time.
Reviewing and updating your will when circumstances change is something we’d always recommend.
Common Executor Mistakes to Avoid
A few things come up again and again:
- Naming someone without asking them first
- Appointing only one executor with no substitute or replacement
- Choosing someone based on relationship rather than suitability
- Not updating your will when circumstances change
- Assuming a spouse is always the right choice
How Liberay Legal Can Help
Choosing the right executor and trustee is an important part of making sure your wishes are properly carried out. At Liberay Legal, we offer straightforward advice on executor and trustee appointments as part of our will writing service – in plain English, with no legal jargon, and with a free initial consultation to get you started.
Ready to Get Your Will Sorted?
If you’re thinking about making or updating your will, our experienced private client team at Liberay Legal can guide you through the process and help you choose the most appropriate executors for your circumstances.
Get in touch with our Bolton office today to arrange a friendly, no-obligation discussion about your estate planning needs.
Contact us here or call 03330 115 105.
