Your Executors are the people you name in your Will to deal with your estate after you die: finding out what you owned and owed, applying for probate, paying any debts and tax, and passing everything on as your Will says. Most people choose a husband, wife, partner, adult children or a trusted friend, with a back-up in case their first choice can't act.
Key Takeaways
- Every Will should name at least one Executor. You can name more, but no more than four can apply for probate at the same time.
- Executors must be 18 or over when they act. Choose people who are likely to outlive you and who live in the UK, if you can.
- Beneficiaries can be Executors, and often are. It makes sense to choose someone who knows you and your wishes.
- Always name a substitute in case your first choice dies before you or doesn't want to act. A trust corporation makes a good final reserve, because it will always be there.
- A professional Executor will charge for the work, and the fees come out of your estate. If you do choose one, find out how they charge first.
This guide covers Wills made in England and Wales.
What does an Executor do?
An Executor's job is to carry out your wishes. In broad terms, they will:
- Find your Will and register your death if nobody else has.
- Work out what your estate is worth, writing to banks, pension providers and insurers, and finding out about any debts.
- Deal with any inheritance tax and the forms HMRC needs.
- Apply for probate, the legal document that proves they have authority to deal with your estate.
- Collect in your money and property, pay any debts, tax and expenses, and keep a record of everything.
- Pass on what's left to the people named in your Will.
As one of our team, who has acted as an Executor, puts it: "It all sounds very easy until you actually try to carry out the role!" It's a demanding and exacting role. Executors deal with HMRC, must get the values and any tax right, and keep careful accounts. They can also be held personally responsible if they get things wrong: for example, by paying out to beneficiaries before every debt and tax bill is settled, or before the six-month period in which some relatives can bring a claim against the estate has passed. Plenty of family members and friends do the job well, especially with help, but it's worth being sure the people you choose understand what they're taking on. Executors can claim reasonable expenses from the estate, but family members and friends aren't normally paid for their time unless the Will allows it.
Who can be an Executor?
Almost anyone you trust can be an Executor:
- Your husband, wife or partner. Couples making Mirror Wills usually name each other first.
- Your adult children or other relatives.
- A friend whose judgement you trust.
- A professional, such as a solicitor, accountant or trust company.
Beneficiaries can be Executors too. In fact, it often makes sense, because they'll be dealing with something they care about. The one thing a beneficiary shouldn't do is witness your Will. See who can witness a Will.
How do you choose the right Executors?
Think about these practical points:
- Will they outlive you? It's usually wise not to name your parents or older brothers and sisters as your only Executors.
- Where do they live? Someone who lives the other side of the world may need to spend time in the UK, and documents can take weeks to travel back and forth for signatures. If you'd still like them involved, name someone local alongside them.
- Are they organised and reliable? The job involves paperwork, deadlines and keeping careful records.
- Will they work well together? If you name more than one, they'll need to agree and sign things jointly. Two Executors who don't get on can slow everything down.
- Have you asked them? It's only fair to check they're willing before you name them.
Most people name one or two Executors, plus a substitute in case the first choice can't act. Up to four people can apply for probate at once.
Should you name a professional Executor?
A professional Executor, such as a solicitor or a bank, can be a good choice if you have nobody suitable, if your family is likely to disagree, or if your affairs are complicated. But it's important to understand how they're paid.
Professional Executors charge for administering your estate, and the fees come out of what you leave. They usually charge by the hour, sometimes with a percentage of the estate's value, plus VAT. Hourly rates for experienced solicitors can run to several hundred pounds an hour. Because nobody can say at the start how many hours an estate will take, your family can't know the final bill in advance.
A firm named as Executor can also instruct its own practice to do the legal work, with the bills paid from the estate. That's perfectly lawful, but it means the people doing the work are also the people approving the bills. And once a firm is named as your Executor, your family can't easily replace it with someone cheaper.
If you're thinking about a professional Executor, ask:
- How do you charge: by the hour, a percentage, or a fixed fee?
- Can you give me a written estimate for an estate like mine?
- Can my family replace you if they'd rather deal with things themselves?
Solicitors in England and Wales must publish their prices for straightforward probate work, so you can compare firms before deciding.
A trust corporation as your Executor or reserve
A trust corporation, a company authorised to act as an Executor and Trustee, can be a very good choice, either as your main Executor or as a reserve.
As your main Executor, it takes the whole burden, and the personal risk, off your family. It deals with HMRC, the paperwork and the beneficiaries, and probate and estate administration is all it does, every day. Kings Court Trust, for example, agrees a fixed fee for the work before it starts, and the fee won't rise beyond that, unlike open-ended hourly charging. That can make sense if your estate is complicated, your family may not agree, or you'd simply rather not leave them the job.
As a reserve, it's there in case all your other Executors die before you, at the same time as you, or can't act.
Either way, because a trust corporation is a company, it doesn't retire, move away or die, so it will still be there when it's needed, however many years from now that is. As a reserve, it only steps in, and only charges, if none of your other Executors can act.
The family solicitor isn't always the safe choice it seems. We see this all the time: local practices are sold to or merged with larger firms over the years, and the friendly face you knew is often long gone by the time your family need them.
A middle way: family Executors who get help when they need it
For many people, the best answer is to name family or friends as your Executors and let them get professional help only if and when they need it. That keeps control with the people you trust, and they can choose the help that suits them.
For example, your Executors can call our Free Probate Advice Line for free expert guidance on what needs doing. If they'd rather hand the whole job over, Kings Court Trust can quote a fixed fee, agreed at the start, so the cost is known before any work begins.
Can an Executor refuse to act?
Yes. Nobody can be forced to act as an Executor. Someone named in a Will can step aside, as long as they haven't already started dealing with the estate. That's another reason to name a substitute, and to ask people before you name them.
Frequently asked questions
How many Executors should I have?
One or two is usual, with at least one substitute. You can name more, but no more than four can apply for probate at the same time.
Can my Executor also be a Guardian or a Trustee?
Yes. Many people name the same people for all three roles. If your Will leaves money to young children, your Executors usually also act as Trustees until the children reach the age you've chosen. Read what is a Testamentary Guardian? and our guide to Trusts in Wills.
Does my Executor need to live in the UK?
No, but it helps. An Executor abroad can make things slower, as documents may need to be posted overseas for signatures. Consider naming someone in the UK alongside them.
Do Executors get paid?
Family members and friends usually aren't paid for their time, although they can claim reasonable expenses from the estate. Professional Executors charge fees, which are paid from the estate.
What if all my Executors die before me?
Then nobody you've chosen is in charge, and someone else, usually a close relative who inherits, would have to apply to the court instead. That's why it's worth naming a substitute and reviewing your Will from time to time.
The short version: choose carefully, and name a back-up
Choose Executors you trust, who are likely to outlive you and who can manage the paperwork, and always name a substitute. If you're considering a professional, find out exactly how they charge first. Every Will we prepare is checked by our Will Team, including your choice of Executors. Read more about the role of Executors, or see how much a Will costs.
About this guide
This guide was written and checked by the Downloadawill Will Team. It explains the law in general terms and isn't legal advice for your own situation. Downloadawill is a trading style of Direct Wills. All our Will Writers are Members of The Society of Will Writers. We've been writing Wills for people in England and Wales since 1997. Read more about us.
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