Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
When you make a Will, you choose one or more people to carry out your wishes. These people are called executors. Choosing them carefully can make things much easier for your family.
What does an executor do?
An executor's job is to deal with the estate of the person who has died. This usually includes:
- finding the original Will and registering the death if no one else has
- making a list of assets, such as bank accounts, property and investments
- finding out about debts, such as a mortgage, loans or bills
- valuing the estate and reporting it to HMRC for Inheritance Tax
- applying for probate, if it is needed
- collecting money and selling assets where necessary
- paying debts, taxes and expenses
- sharing out what is left as the Will says
- keeping clear records and accounts
Executors are personally responsible for dealing with the estate properly. If they pay out to beneficiaries before settling debts, they could be personally liable.
You can learn more about the legal side in our guides on what probate means and a grant-only service compared with full administration.
Who can be an executor?
You can choose almost any adult you trust. Common choices include:
- a husband, wife or partner
- adult children or other relatives
- close friends
- a professional, such as a solicitor
An executor can also be a beneficiary of the Will. This is very common, for example a spouse who inherits everything. Remember, though, that a beneficiary should not be a witness to the Will.
How many executors should I name?
Many people name two executors, or one main executor and one replacement. Up to four executors can apply for probate on the same estate. It is often sensible to name a back-up in case your first choice dies first or cannot act.
What makes a good executor?
An executor needs to be organised, reliable and able to deal with paperwork and deadlines. They should be someone who will act fairly between beneficiaries. It helps if they live in the UK and are likely to outlive you.
It is a good idea to ask people before naming them, and to tell them where your Will is kept.
A practical example
Mo names his two adult daughters as executors. After Mo dies, one daughter lives abroad and finds it hard to help. She can choose to step back, while keeping the right to act later. Her sister then applies for probate alone and deals with the estate.
What if an executor does not want to act?
Being named as an executor does not force someone to take on the role. They usually have options:
- Step back for now. This is called "power reserved". They keep the right to apply later if needed.
- Give up the role. This is called "renouncing". It is usually permanent, and is done using a formal form.
- Appoint someone to act for them. In some situations, an executor can appoint an attorney to apply for them.
Executors can also instruct a solicitor or other professional to do some or all of the work, with the costs usually paid from the estate.
Executors and administrators
If there is no Will, or no executor who can act, the person who deals with the estate is called an administrator. Our article on what happens without a Will explains more.
Scotland and Northern Ireland
In Scotland, executors apply for "confirmation" rather than probate, and the process is different. In Northern Ireland, the probate system is separate from England and Wales. See mygov.scot or nidirect.
When to get professional help
Being an executor can take many months. Professional help is often useful if the estate includes property, a business, overseas assets or trusts, if Inheritance Tax is due, or if family members disagree. Preparing papers for a grant of probate is a reserved legal activity, so check that anyone you instruct is properly authorised.
Next steps
If you are choosing executors for your own Will, our team can help you find someone to talk it through with. If you are an executor now, our probate page may help.
You can read more on our Wills page, or answer a few short questions in our wills questionnaire and we will aim to introduce you to up to three appropriately qualified firms.
WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or will-writing companies. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.
Frequently asked questions
Can an executor also be a beneficiary?
Yes. It is very common for an executor to inherit under the Will. They should not, however, be a witness to the Will.
Do executors get paid?
Family and friends usually act without payment but can claim reasonable expenses from the estate. Professional executors charge fees, which should be agreed or set out in the Will.
Can I refuse to be an executor?
Yes. You can step back while keeping the right to act later, or formally give up the role, as long as you have not already started dealing with the estate.
Official sources
This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.
