It is vital to carefully pick the Executor for your Will for the reasons outlined below: 

• The role of Executor can be a time-consuming and challenging job.
• The role carries personal legal liability.
• Relatives may be too distressed to perform the role.
• Decisions could make them unpopular with Beneficiaries.

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Appointing an Executor

An Executor must be appointed to carry out your wishes, as stated in the Will. 

Executors can be beneficiaries of the Will, and often people appoint their spouse, partner or children to act as Executors. Check with your proposed Executors that they are willing to take on this role, before naming them in your Will, as it can involve considerable responsibility. Consider naming more than one Executor, in case one dies before you. 

It may also be easier for the Executors if there is more than one person to share the work and the responsibility. The Executors may have to deal with the day-to-day administration of your estate in the period before it can be distributed. Executors can claim from the estate for expenses incurred while carrying out their duties.  

If the estate is large or complicated, we may recommend that you appoint a Professional Executor.

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Acting as an Executor is a job for life, so your choice is important.

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Ask us a question

Executor - Frequently Asked Questions

The following are options for choosing an Executor: 

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• Individuals (Spouse, Partner or your children)
• Professional contacts, such as solicitor, accountant, bank manager
• Trust Corporation

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Appointing the Executor for your Will is covered during your conversations with HB Partners. We will recommend the ideal Executor, according to your personal circumstances.

You should take the following into account :

• Availability & suitability.
• Willingness to act.
• Any possibility of conflict or dispute.
• The possibility of them predeceasing you.
• The size, nature and location of the estate, the assets and the Beneficiaries and the extent and complexity of the Executors' burden.
• The costs involved.

There is no legal objection to a beneficiary being appointed as an Executor, where he or she is the sole beneficiary or where the estate is small or uncomplicated.

For your fee free consultation on making your Will

Useful Tips

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Understanding the role of an Executor

An Executor is legally required to carry out specific tasks and duties relating to the Will. An Executor's role includes:

• Obtaining a copy of the death certificate 
• Registering the death at the Local Registry of Births, Deaths and Marriages 
• Ensuring that any last wishes, such as organ donations, are carried out.
• Obtaining the last original Will of the Deceased.
• Locating all of the heirs. 
• Making an exhaustive list of all the assets of the estate.
• Opening a separate estate bank account.
• Notifying all businesses of the death, such as banks/utilities. 
• Making sure that all the Deceased's debts are settled.
• If there are minor or dependent children, the Executor may be responsible for arranging their care and placement. 
• Paying any Inheritance Tax.
• Calculating and declaring the value of the estate to HMRC on an Inheritance Tax return.
• Paying the Deceased's Tax commitments.
• Completing the relevant forms and submitting them to the Local Probate Registry to obtain the Grant of Probate.
• Distributing the contents of the Will
• Producing a full set of the estate accounts for the beneficiaries. 

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What does the Executor do?

Before asking someone to serve as the Executor of your estate, be sure that you understand and clearly communicate the duties and responsibilities to the incumbent. Being the Executor of an estate is not an honour; rather, it is a complicated, time-consuming job that carries personal legal liability. An Executor will find that they have to work hard for at least a year or two, settling your estate after your passing. They must also be prepared to mediate disputes between the beneficiaries, and all this implies.

How time-consuming is an Executor's role?

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What is the role of an Executor?

At HB Partners, our consultants can advise you on all aspects of Will planning