The person you appoint as executor will be responsible for turning the instructions in your will into reality. That is why the question of who should be executor of a will deserves more thought than simply naming the eldest child or closest relative. For families with property, investments or a business to protect, the right choice can make the administration clear and orderly. The wrong choice can create delay, tension and avoidable cost at an already difficult time.
An executor does not need to be a legal expert. They do, however, need to be trustworthy, capable and willing to deal with practical and sometimes demanding responsibilities. Your choice should reflect the complexity of your estate, the relationships within your family and the assets you have worked hard to build.
What an executor is responsible for
An executor is the person, or people, named in your will to administer your estate after you die. They apply for the legal authority needed to deal with your assets, gather money and property, pay debts and any inheritance tax due, keep proper records, and distribute the estate to your beneficiaries in line with your wishes.
In a straightforward estate, this may involve closing bank accounts, arranging a property sale and sharing the remaining funds. Where there are rental properties, a trading company, trusts, overseas assets or complicated family arrangements, the role can be considerably more involved.
Executors may need to communicate with HMRC, banks, insurers, accountants, estate agents, solicitors, tenants, business partners and beneficiaries. They also have a duty to act in the interests of the estate, not their own interests. It is a position of real responsibility, rather than an honorary title.
Who should be executor of a will?
The best executor is usually someone who combines sound judgement with reliability. They should be organised enough to deal with paperwork and deadlines, emotionally steady enough to make decisions during a difficult period, and confident enough to ask for professional help where necessary.
A spouse, civil partner, adult child, sibling or trusted friend can all be suitable. It is perfectly normal for a beneficiary to act as executor. In fact, many people appoint their spouse and adult children because they know the family, understand the assets and have a direct interest in seeing the estate dealt with properly.
However, closeness alone is not a qualification. Consider whether the person is likely to have the time, health and confidence to take on the work. Someone may be loving and trustworthy but live abroad, have demanding caring responsibilities or struggle with administration. They may not be the most practical choice.
A good test is to ask yourself: would this person be able to deal fairly with every beneficiary, manage sensitive conversations and follow the terms of my will even if others disagree? If the answer is uncertain, another appointment may provide greater protection.
Choose people who can work together
You can appoint more than one executor. This can be valuable where your estate includes substantial property wealth or business interests, as responsibilities can be shared and important decisions checked. A couple may appoint their adult children jointly, or appoint a family member alongside a professional executor.
There is a balance to strike. Two executors who communicate well can provide reassurance and continuity. Two people with a history of disagreement can bring the estate administration to a standstill. Do not appoint people jointly simply to avoid hurting feelings. The role should go to those best placed to carry it out.
For wills in England and Wales, up to four executors can take the grant of probate at the same time. In practice, appointing one or two capable people is often enough, with a substitute executor named in case the first choice cannot act.
When a family member may not be the right choice
Family executors can be an excellent choice, but there are circumstances in which an independent professional is worth considering. This is particularly true if there is a risk that family relationships may complicate decisions.
A professional executor may be appropriate where there is a blended family, unequal gifts to children, a vulnerable beneficiary, a property portfolio, a family business or a trust created by the will. It can also help where an executor would have to manage an ongoing dispute, such as a beneficiary challenging the will or questioning the value of an asset.
Professional involvement brings experience and impartiality, but it also comes with fees that will usually be paid from the estate. For a simple estate with harmonious, capable relatives, that cost may not be necessary. For a complex estate, the cost may be justified by reducing mistakes, delay and conflict.
Another practical option is to appoint a trusted family member as executor and allow them to instruct specialist advisers when needed. This keeps personal knowledge at the centre of the process while ensuring legal, tax and property issues are handled correctly.
Think carefully about business and property assets
For small business owners and property investors, executor choice is closely linked to succession planning. Your executor may need to protect a business from disruption, work with directors or shareholders, oversee rental income, manage insurance, deal with lenders and ensure valuable assets are not sold or transferred without proper consideration.
An executor is not automatically the right person to run your company long term. Your will, shareholder agreement, company articles and any business lasting power of attorney should work together. Nonetheless, your executor needs enough understanding to identify the right advisers and act quickly to preserve value.
Similarly, a person who owns several buy-to-let properties should avoid appointing an executor who is likely to feel overwhelmed by tenant issues, mortgage obligations and valuations. A co-executor with commercial or property experience may be a sensible safeguard.
Check willingness, age and suitability
Do not surprise someone with the appointment. Speak to your chosen executor first and explain the broad outline of your estate, where your will is stored and whether there are business interests, trusts, life policies or significant debts to consider. They do not need every detail, but they should understand what they may be taking on.
An executor must be legally able to act. In England and Wales, a person under 18 cannot take a grant of probate. It is also wise to avoid appointing someone whose health is failing, who is unlikely to outlive you, or whose financial circumstances could create difficulties. If an executor becomes unable or unwilling to act, this can often be managed, but it may add complication when your family most needs clarity.
Naming at least one replacement executor is a simple and often overlooked step. A substitute can act if your first choice has died, lost capacity, moved into an unsuitable position or simply does not wish to take on the role.
Keep your executor appointment under review
Your choice of executor should be reviewed whenever your personal or financial circumstances change. Marriage, divorce, the death of an executor, the purchase of a property, the growth of a business or a breakdown in family relationships can all affect whether your will still provides the protection you intended.
It is also worth reviewing the appointment if your original choice was made many years ago. An adult child who was once too young or inexperienced may now be ideal. Equally, a sibling who was the obvious choice in the past may no longer be able to manage the role.
Estate planning is most effective when the will reflects the wider picture. Your executor appointment should sit alongside decisions about guardianship, trustees, lasting powers of attorney, business succession and the protection of family assets.
A carefully chosen executor gives your family a reliable point of contact and helps ensure your instructions are carried out with care. Before signing or updating your will, take the time to discuss your circumstances with a specialist who can help you make an appointment that protects both the people you love and the legacy you leave.