Who Can Be an Executor?
When writing a will, one of the most important decisions you'll make is choosing your executor. While many people focus on who will inherit their estate, selecting the right executor is just as important.
An executor is responsible for carrying out the instructions in your will, managing your estate, and ensuring your beneficiaries receive what you've left for them.
Choosing someone you trust can make the administration of your estate much smoother and help reduce stress for your loved ones during an already difficult time.
In this guide, we'll explain who can act as an executor, what their responsibilities are, and how to choose the right person.
What Is an Executor?
An executor is the person (or people) you appoint in your will to deal with your estate after your death.
Their responsibilities may include:
- Registering the death.
- Locating your will.
- Applying for probate if required.
- Collecting your assets.
- Paying debts and taxes.
- Distributing your estate according to your wishes.
Executors have a legal duty to act in the best interests of your estate and your beneficiaries.
Who Can Be an Executor in the UK?
In England and Wales, almost any adult can be appointed as an executor, provided they are over the age of 18.
Many people choose:
- Their husband, wife or civil partner.
- An adult child.
- A trusted family member.
- A close friend.
- A solicitor or professional executor.
The most important consideration is choosing someone who is trustworthy, organised and willing to take on the responsibility.
Can a Beneficiary Be an Executor?
Yes.
In fact, it's very common for a beneficiary to also act as an executor.
For example, many married couples appoint each other as both beneficiary and executor, while parents often appoint their adult children.
Being a beneficiary doesn't prevent someone from acting fairly or carrying out the terms of the will.
Can More Than One Executor Be Appointed?
Yes.
You can appoint up to four executors to act together.
Many people choose two executors to share the responsibilities and provide continuity if one person is unable or unwilling to act.
For example, you may appoint:
- Your spouse and an adult child.
- Two adult children.
- A family member and a solicitor.
Having more than one executor can also help with decision-making and reduce the workload.
Who Should You Choose?
Choosing the right executor is about more than selecting someone you're close to.
Your executor should ideally be:
- Trustworthy.
- Organised.
- Good at handling paperwork.
- Comfortable making decisions.
- Able to communicate with beneficiaries.
- Likely to outlive you.
It's also worth considering whether they live nearby, although this is less important than it once was thanks to digital communication.
Can Someone Refuse to Be an Executor?
Yes.
Even if you've named someone in your will, they can choose not to act after your death.
This is one reason it's sensible to discuss the appointment with them beforehand.
If they don't wish to act, another named executor can usually take over.
Should You Choose a Professional Executor?
In some circumstances, appointing a professional executor may be appropriate.
This can be beneficial where:
- Your estate is particularly valuable.
- There are business assets.
- Family relationships are complicated.
- There are vulnerable beneficiaries.
- You expect your estate to require specialist legal or tax advice.
Professional executors charge for their services, but they can provide expertise and impartiality.
Common Mistakes to Avoid
When choosing an executor, avoid these common mistakes:
Choosing Someone Without Asking Them
Always check they're happy to accept the responsibility.
Choosing Someone Who Is Unlikely to Be Able to Act
Age, health and location may all affect someone's ability to administer your estate.
Appointing Only One Executor
If your sole executor dies before you or cannot act, your estate may face unnecessary delays.
Naming substitute executors can help avoid this situation.
Choosing Someone Based Solely on Family Expectations
Your executor should be the person best suited to the role, not simply the oldest child or nearest relative.
Can You Change Your Executor?
Yes.
If you've already made your will but wish to appoint someone else as executor, you can usually do so by updating your will or preparing a codicil, depending on the changes involved.
It's a good idea to review your executors every few years or whenever your personal circumstances change.
Frequently Asked Questions
Does an executor have to be a family member?
No. You can appoint a friend, solicitor or another trusted adult.
Can an executor also inherit money?
Yes. Many executors are also beneficiaries.
How many executors should I appoint?
Most people appoint two executors, although you can appoint up to four.
Can an executor refuse to act?
Yes. An executor can decline the role after your death.
Does an executor get paid?
Family members and friends usually act without payment, although they can reclaim reasonable expenses from the estate. Professional executors typically charge a fee.
Final Thoughts
Your executor plays a vital role in ensuring your wishes are carried out after your death.
Taking the time to choose someone responsible, trustworthy and willing to act can make the administration of your estate much easier for your loved ones.
If you're unsure who would be the right executor, professional guidance can help you make an informed decision that reflects your individual circumstances.
How Ember Heritage Can Help
Choosing an executor is one of the most important parts of writing a will, and it's not always a straightforward decision.
At Ember Heritage, we can explain the responsibilities of an executor, help you decide who is best suited to the role, and prepare a professionally drafted will that clearly reflects your wishes.
Whether you're writing your first will or updating an existing one, we're here to provide clear, friendly advice every step of the way.
Contact Ember Heritage today to discuss your will and ensure your estate is in safe hands.
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