Choosing Executors: Practical Points to Consider

ByNeil Taylor

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From the Wills and Probate Team at Phillips Solicitors

Choosing your Executors is one of the most important decisions you will make when preparing a Will.

An Executor is responsible for dealing with your estate after your death, including collecting assets, paying debts, dealing with legal and tax matters, and ensuring that your wishes are carried out correctly. The role can involve significant practical and legal responsibilities, so it is important to choose carefully.

What Makes a Suitable Executor?

Many people assume they should automatically appoint a spouse, child, or close family member, but the most important consideration is whether the person is willing and able to take on the role.

A suitable Executor should be:

  • Trustworthy and reliable.
  • Organised and capable of managing paperwork.
  • Willing to take on the responsibility.
  • Able to communicate effectively with beneficiaries and other family members.
  • Likely to be available when the role needs to be performed.

Executors do not need to be legally qualified, and professional advice can always be obtained if required.

How Many Executors Should You Appoint?

You can appoint more than one Executor, and, in many cases, this can be beneficial.

Having more than one Executor may:

  • Share the responsibility.
  • Provide support when decisions need to be made.
  • Ensure continuity if one Executor is unable or unwilling to act.

However, it is important to choose people who are likely to work well together and communicate effectively.

Although up to four Executors can generally act on a Probate application, many people choose between one and three Executors depending on their circumstances.

Should You Choose Family Members or a Professional?

There is no single right answer.

Many people appoint a spouse, adult child, sibling, or close friend because they know the family circumstances and understand their wishes.

In some situations, appointing a professional Executor may be worth considering, particularly where:

  • The estate is complex.
  • There are business assets.
  • There are trusts involved.
  • Family relationships are difficult.
  • Neutrality may help avoid disputes.
  • There are concerns that the administration could become time-consuming or burdensome.

Some people also choose a combination of family members and professionals.

The Importance of Replacement Executors

It is sensible to consider what would happen if your chosen Executor were unable to act when the time comes.

A replacement Executor may be useful where a person:

  • Dies before you.
  • Loses capacity.
  • Becomes seriously unwell.
  • Lives overseas.
  • Simply decides they no longer wish to take on the role.

Having appropriate substitutes in place can help avoid unnecessary complications later.

Reviewing Your Choice of Executor

Your choice of Executor should be reviewed whenever you review your Will.

Circumstances change, and a person who was the right choice several years ago may no longer be the most suitable person to administer your estate.

You should consider reviewing your Executor appointments if:

  • Relationships change.
  • An Executor dies or loses capacity.
  • An Executor moves overseas.
  • An Executor’s health deteriorates.
  • Family circumstances change significantly.

As part of good estate planning, we recommend reviewing your Will every five years and following any major life event.

If Phillips Solicitors prepared your existing Will, it can often be updated at a significantly lower cost than preparing a completely new Will, helping to ensure that your arrangements remain appropriate without unnecessary expense.

Common Mistakes to Avoid

Some common mistakes include:

  • Choosing someone without asking whether they are willing to act.
  • Appointing only one Executor without considering a replacement.
  • Selecting someone who may struggle with the practical responsibilities.
  • Failing to review Executor appointments when circumstances change.
  • Assuming that family members will automatically know how to administer an estate.

A little planning now can make the administration process significantly easier for your loved ones in the future.

How Phillips Solicitors Can Help

Our Wills & Probate team can help you decide who would be most suitable to act as your Executor and explain the practical implications of your choices.

We can:

  • Advise on Executor appointments.
  • Discuss whether professional Executors may be appropriate.
  • Prepare new Wills.
  • Review and update existing Wills.
  • Explain the responsibilities involved in acting as an Executor.

Our aim is to ensure that your Will reflects your wishes and that the people responsible for administering your estate are best placed to carry out that role.

Contact Us

If you are preparing a Will or reviewing an existing one and would like advice about choosing Executors, contact Phillips Solicitors to arrange an appointment with our Wills & Probate team.

Choosing the right Executor today can make a significant difference to how smoothly your estate is administered in the future.

You can contact us online or call 01623 658556 (option 4).

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This article is general information only and is not legal advice on any individual case. The correct advice will depend on the facts, documents, family circumstances, and capacity position.

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