When writing a will, one of the most important decisions you will make is choosing an executor.
An executor is the person responsible for managing your estate, ensuring your wishes are carried out, and handling all the legal and financial tasks after your death.
Many people are curious about who can be an executor of a will in the UK and if a friend, relative, or even a professional like a solicitor should be appointed.
In this guide, we’ll explore the role of an executor, the eligibility requirements, the advantages of appointing a solicitor, and the responsibilities that come with this crucial position.
What is an Executor of a Will?
An executor is a person legally appointed in a will to manage the deceased person’s estate.
Their duties include:
Applying for probate (if required).
Obtaining the estate’s assets, including as investments, real estate, and bank accounts.
Paying any outstanding debts or taxes.
Distributing the remaining estate to beneficiaries as per the will.
If you’re unfamiliar with this role, you can read the detailed guide: What is an executor of a will.
Who Can Be an Executor of a Will in the UK?
A wide range of people can serve as executors under UK law.
In fact, almost anyone over the age of 18 can take on this role.
Common choices include:
Spouses or civil partners
Adult children
Other relatives such as siblings, nieces, or nephews
Close friends
Solicitors or professional executors
There are no strict rules requiring executors to be legally trained or financially skilled.
However, because the role carries significant responsibilities, it’s essential to choose someone who is trustworthy, organised, and capable of handling paperwork and deadlines.
How Many Executors Can You Appoint?
You can appoint up to four executors in the UK, although it’s common to name two.
This ensures that if one executor is unable or unwilling to act, another is available.
Executors can act jointly or individually, depending on how the will is written.
Can a Beneficiary Be an Executor?
Yes. A beneficiary of the will can also be appointed as an executor.
This is very common, particularly in families where a spouse or child is both a beneficiary and the executor.
The executor must, however, always act in the estate’s best interests rather than their own.
Can a Solicitor Be an Executor of a Will?
Yes, a solicitor can be appointed as an executor.
This is often a wise choice if:
The estate is large or complicated.
There are potential disputes among beneficiaries.
You don’t want to burden family members with administrative tasks.
You want a professional to ensure legal and tax obligations are properly met.
Solicitors bring expertise and impartiality, reducing the risk of mistakes and conflicts.
What Happens When a Solicitor is Executor of a Will?
When a solicitor is named as an executor, they take on all the same responsibilities as a lay executor, but with professional knowledge.
This means they will:
Apply for probate on your behalf.
Value and distribute the estate.
Handle HMRC reporting and tax matters.
Ensure the will is executed legally and fairly.
While this provides peace of mind, solicitors do charge for their services.
The fees are usually paid from the estate before distribution to beneficiaries.
Advantages of Appointing a Solicitor as Executor
1. Expertise: They understand probate law and tax rules.
2. Impartiality: Reduces family disputes, as decisions are made objectively.
3. Reduced stress: Relieves family members of the administrative burden.
4. Accuracy: Ensures deadlines, tax filings, and distributions are handled correctly.
Disadvantages of Appointing a Solicitor as Executor
1. Cost: The estate’s worth may be lowered by solicitor expenses.
2. Lack of personal knowledge: A solicitor may not understand family relationships or dynamics.
3. Formality: Some families prefer a more personal executor, especially for smaller estates.
If a Solicitor is an Executor of a Will – What You Should Know
If you decide to appoint a solicitor, it’s essential to:
Discuss fees in advance: Some charge hourly, while others work on fixed fees.
Ensure transparency: Make sure family members know why a solicitor was chosen.
Choose wisely: Select a solicitor experienced in probate, not just general law.
This ensures that your estate is managed fairly and efficiently.
How to Choose the Right Executor
When deciding who should be your executor, consider the following:
Trustworthiness: Do you trust them to follow your wishes?
Capability: Are they organised and good with paperwork?
Availability: Will they have the time and willingness to carry out the duties?
Age and health: Will they realistically outlive you and be able to act?
Professional help: Would appointing a solicitor make things easier?
Can You Change an Executor?
Yes. You can modify your will at any moment to add or remove an executor as long as you are still living and in good well-being.
This is often done if circumstances change, for example, if a chosen executor moves abroad, becomes unwell, or if relationships change.
What Happens If There is No Executor?
If a will does not appoint an executor, or if the named executors are unable or unwilling to act, the court can appoint an administrator to manage the estate.
This can cause delays, so it’s always best to name at least one executor.
Get Professional Probate Support
Appointing an executor is the most important decision in creating a will.
Whether you choose a family member, friend, or solicitor, it’s important to ensure they can carry out the duties responsibly.
If you are planning your will or need help with probate services, contact us today we will guide you through the process.
We provide clear, professional probate support tailored to your needs.
Summary
Choosing an executor is not just about following legal requirements, it’s about ensuring your estate is handled with care, accuracy, and fairness.
Most people can appoint a spouse, child, or trusted friend, but when complications arise, a solicitor can be a reliable and professional option.
If you’re unsure, get expert advice to ensure your will reflects your wishes and protects your loved ones.