What is an executor of a will?

What is an executor of a will?

An executor of a will is an individual who has been appointed to take responsibility of someone’s estate in the event of their death.

Your estate is everything that you own at the date of your death. This can be anything from money, your house to a car, pet or even smaller items like a piece of jewellery.

Executors will then take on the responsibility of carrying out the deceased individuals last wishes, making sure they are fulfilled. This will include making sure everyone who has been identified as a ‘beneficiary’ of the estate, receives their inheritance.

What does an executor do?

Following the person's death the executor must deal with several matters concerning the estate. These issues will include:

• Establishing any special directions by the deceased as to how they wish to be laid to rest or if they wish for their body to be donated for medical research
• Collecting all their assets
• Evaluate the size of the estate and the amount of any liability to inheritance tax
• Paying outstanding debts incurred by the deceased
• Making sure the will is filed in the appropriate court
• Setting up a bank account for the estate
• Identify the beneficiaries and the nature and extent of their entitlement
• Keeping the assets safe until they can be distributed to the right people.
• Paying the final income taxes

You can learn more about the duties of an executor to a will here.

Why do I need an executor for my will?

If your will does not mention an executor, then one of the beneficiaries will have to step forward as a personal representative of the estate. If it cannot be decided who will be the personal representative, then the probate court will appoint someone to be your personal representative.

There is a list of priorities a court will take into consideration when appointing this person, and it may not result in being the individual you would have chosen.

Ensuring that you have appointed a capable and trustworthy executor (or multiple executors) in your will can give you the peace of mind that your estate will be handled according to your wishes, so it is important to consider this decision carefully and make sure your choice is documented properly.

How many executors can you have on a will?

In theory, you can name as many executors in your will as you like – though only four will be able to act at any one time.

It is important that you have named at least one executor in your will, though we strongly recommend having a minimum of two, just in case your first choice is unable to act when the time comes. You can state in your will who you wish to act as your executors in the first instance, with substitute options in case this is not possible for any reason.

Who can be an executor?

Legally, in England and Wales, anyone over the age of 18 at the time of your death who has the mental capacity to act can be named as an executor in your will. It could be a family member, loved one or friend, or it could even be a professional you have appointed, such as solicitor (this is often strongly recommended if your estate or will is particularly complex).

An executor can also be a beneficiary in your will. Where this is the case, it is worth considering the potential view of any other beneficiaries in your will; if they believe the executor is acting in their own interests, they may be more likely to contest your will. To avoid this, it is often a good idea to appoint multiple executors.

The executor (or executors) of your will bears a great deal of responsibility. You should think carefully about who you wish to act in this capacity. It should be someone you trust who has the time and capacity to be able to handle this task properly.

How do I appoint an executor for my will?

When it comes time to draft your will, you will be asked to name up to four executors in the document. Before you do so, you need to make sure that the individuals you have chosen agree to act in this capacity and that they understand what your wishes are and what their role will involve.

You should:

• Think carefully about who you trust to manage your estate and who may be best placed and capable of doing so
• Talk to your chosen executors before you officially name them in your will. Make sure they agree to act and that they know their responsibilities
• Consider what may happen if your chosen executors are unable to act for any reason when the time comes. Are there substitutes you can name in your will to replace them if this happens?
• Think about appointing a professional executor, such as a probate solicitor, particularly if you have a complex estate or elaborate instructions in your will. Not only will a solicitor have a much deeper understanding of probate laws and processes, but appointing a professional executor can significantly reduce the risk of your will being contested.

How can Slater and Gordon support me?

Knowing who to appoint as the executor (or executors) of your will can be difficult, particularly if you have specific instructions or have concerns about asking any of your loved ones to take on such a huge responsibility.

While having these conversations is not pleasant, it is important that you are able to make the necessary arrangements with confidence.

At Slater and Gordon, our expert wills and probate solicitors have many years of experience in supporting families at every stage of the will process; from expert legal advice on how to prepare a will to support in executing a loved one’s wishes after they have passed.

If you are unsure of the best way forward and would like to discuss your options, speak to our friendly team on 0330 041 5869 or contact us online to request a call back.