When you’re making a Will, your first thought is naturally about what you’re leaving and who you’re leaving it to. But there’s another decision that is arguably just as critical: who will be your Executor?
Choosing the right Executor is vital. This person (or persons) will be legally responsible for managing your entire estate, from paying off debts to ensuring your beneficiaries receive their inheritance. It’s a role of immense trust, but it’s also a demanding legal and administrative job.
Before you simply appoint a family member or friend, it’s crucial to understand what you’re really asking of them.
What Does an Executor Actually Do? The Full List of Responsibilities
The Executor’s role is not just symbolic. It is an active job that can last for months or even years. While your lay Executor can (and often should) appoint a solicitor to help, the ultimate responsibility rests with them.
Key duties include:
- Securing the Will: Locating the original, official Will.
- Arranging the Funeral: Ensuring any wishes in the Will are followed.
- Valuing the Estate: A legal requirement. This involves contacting banks, pension providers, mortgage lenders, and getting formal valuations for property and high-value items.
- Dealing with Digital Assets (A New Challenge): In 2025, this is a major task. It means legally accessing, managing, or closing everything from online bank accounts and cryptocurrency wallets to social media profiles and cloud storage.
- Calculating & Paying Inheritance Tax (IHT): A complex tax calculation must be submitted to HMRC, and any IHT due must be paid, often before the assets can be unlocked.
- Applying for the Grant of Probate: This is the formal legal document that gives the Executor the authority to manage the estate.
- Collecting All Assets: Legally “calling in” the money from bank accounts, selling shares, or selling property.
- Paying All Debts & Liabilities: Settling all outstanding loans, bills, and taxes.
- Preparing Estate Accounts: Creating a detailed record of all money in and all money out.
- Distributing the Inheritance: Once all debts are paid, the Executor distributes the remaining assets to the beneficiaries exactly as stated in the Will.
The Personal Risks: Why It’s a Difficult Job
Taking on the role of Executor can be a daunting prospect. They are personally and legally liable for their actions.
If an Executor makes a mistake—such as distributing money to beneficiaries before a debt is discovered, or miscalculating the tax—they can be held personally responsible to pay that debt from their own funds.
This personal liability, combined with the sheer amount of work and the emotional difficulty of managing a loved one’s estate (often while grieving), is why your choice is so important
Your Options: Who Should You Appoint as Your Executor?
You can appoint an individual (or several), a professional (like a solicitor), or a combination of both.
1. Appointing Family or Friends
This is the most common choice. You may wish to appoint your spouse, partner, adult children, or a trusted friend.
- Pros: They know you and your family, and they won’t charge for their time.
- Cons: The role can be an immense burden. They may lack the time or expertise. If there is any family conflict, you place your Executor in a very difficult and stressful position.
2. Appointing a Professional Executor (e.g., Gorvins)
You can appoint a solicitor or a professional body to act as your Executor.
- Pros:
- Expertise: A professional Executor deals with estate administration every day. They understand the complex legal, tax, and (in 2025) digital asset requirements.
- Impartiality: They are a neutral third party. This is invaluable if there is even a potential for conflict between beneficiaries.
- Efficiency: They have the time and resources to manage the process efficiently.
- No Burden: You remove the stress and personal liability from your loved ones.
- Cons: A professional will charge for their time, which is paid for by the estate.
Many clients feel this cost is a worthwhile investment for the peace of mind and professional expertise it provides, especially in the following circumstances:
- Your estate is complex (e.g., involving business assets, property abroad, or complicated IHT).
- You have no close family, or your chosen individuals are elderly or unwell.
- You are worried about disputes or conflict between your beneficiaries.
- You simply don’t want to burden your family with the work and legal risk.
Common Questions About Choosing an Executor
1. How many Executors should I appoint?
You can appoint from one to four. While you only need one, it is often wise to appoint two. This provides a backup if one person is unable or unwilling to act. Appointing more than four can make the administration unworkable, as they would all need to agree on decisions.
2. Can my Executor also be a beneficiary in the Will?
Yes, this is very common (e.g., appointing your spouse or children). However, it’s important to consider if this could create a conflict of interest. If one beneficiary is the Executor, other beneficiaries may scrutinise their every decision, which can lead to disputes.
3. What if the person I appoint doesn’t want to do it?
No one can be forced to be an Executor. After your death, the person you appointed has the right to “renounce” the role, as long as they haven’t started managing the estate. If this happens and you have no other Executor named, the court will have to appoint an Administrator, who may not be who you would have chosen
Get Expert Advice on Your Will
Choosing your Executor is a decision that will have a huge impact on your loved ones after you are gone.
The wills team at Gorvins can provide expert advice to help you make the right choice for your circumstances. We can also advise your chosen Executors on their legal duties, or we can be appointed to administer the estate on their behalf, lifting the burden completely.
To discuss how you can plan for the future, call our will specialists today on 0161 930 5117 or e-mail willsteam@gorvins.com.