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How to choose an Executor for your Will

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Preparing a Will is an important step in deciding what should happen to your assets after you die but choosing who will carry out your wishes is just as important. 

The person you appoint is known as your Executor 

Understanding what you’re asking them to do: 

An Executor may need to: 

  • Locate your Will and identify your assets and debts 
  • Apply for Probate 
  • Deal with Banks, insurers, HMRC and other financial organisations
  • Arrange payment of debts
  • Deal with property and other investments you may have 
  • Keep records and estate accounts 
  • Distribute personal items named in the Will and distribution of the estate in accordance with the Will 

It is always advisable to confirm before naming an Executor in your Will.  Will they be capable when the time comes?  An Executor can decline the role so it is always best practice to appoint Executors in substitution.  This provides a backup or shared responsibilities in case one of your Executors cannot act for any reason.  

Can an Executor also be a Beneficiary?

Yes.  It is very common for an executor to also be a beneficiary of your Will.  It is also very common for your spouse together with maybe an adult child to be appointed as executors.

Should you appoint a Professional Executor?

Professional executors i.e solicitors, banks and trust companies charge for this service, so this is something to think about when appointing executors of your estate.  Professional Executors maybe beneficial to yourself if you have a substantial estate, a business, properties in several countries, complicated trusts or maybe a complicated family situation.  A professional executor would bring experience to the administration of the estate. 

Can you change an Executor at a later stage?

Simple answer is yes. You can change your executor at anytime by updating your Will by preparing a Codicil to your Will. 

The Codicil will need to be signed and witnessed. 

Does an Executor get paid?

The estate allows executors to receive reimbursement for costs which may include postage, travel and general expenses, but the executor cannot receive payment unless the Will contains a specific provision for compensation to these costs. Professional executors do charge fees as stated above. 

A carefully chosen executor can help make the administration of your estate more straightforward and ensure that your wishes are properly carried out. 

If you or a family member are considering preparing a Will, or amending your existing Will, our private client team can advise you on your options.

Contact Us

If you would like to review your Will, Lasting Powers of Attorney, estate or succession arrangements, our private client team is here to provide clear, personal and practical legal advice.

Contact us on 0330 300 1103 or 01924 868933 or request a call-back.