Choosing the right executor: a decision your family will thank you for
When making a Will, it is easy to focus on who should inherit. But one of the most important decisions is who should be trusted to put those wishes into effect. Your executor will be responsible for dealing with your estate after your death, paying debts and taxes, applying for probate where required, and ensuring your assets pass to the right people.
It is a role that can involve significant responsibility, judgement and emotional sensitivity. A well-chosen executor can make the administration of your estate smoother, quicker and less stressful for your loved ones. A poor choice can lead to delay, disagreement, avoidable expense and lasting family tension.
Who can act as your executor?
In England and Wales, an executor must generally be at least 18 years old when applying for probate. Many people choose a spouse or civil partner, an adult child, another trusted family member, a close friend, or a professional such as a Solicitor. A beneficiary can also be an executor, and this is very common.
You can appoint more than one executor. In practice, appointing two is often sensible: it provides continuity if one person is unable or unwilling to act, and allows important decisions to be shared. It is also worth naming substitute executors so your will still works as intended if your first choices cannot take on the role when the time comes.
The qualities that matter most
The best executor is not necessarily the eldest child, the nearest relative or the person who expects to be chosen. The right person should be someone you trust to act carefully, fairly and calmly at what may be a difficult and emotional time.
- Trustworthiness: they will have access to sensitive financial information and responsibility for estate assets.
- Organisation: estate administration involves records, deadlines, forms, correspondence and accounts.
- Impartiality: they should be able to deal fairly with beneficiaries, even if family relationships are difficult.
- Availability: the role can take many months, and sometimes longer for complex estates.
- Resilience: they may need to make practical decisions while also coping with bereavement.
- Good judgement: they should know when to seek professional advice rather than trying to manage everything alone.
Common mistakes to avoid
One of the most common mistakes is appointing someone purely out of duty, expectation or family hierarchy. Choosing all adult children simply to avoid offence may feel fair, but it can create problems if they do not get on, live far apart, or have very different views about money, property or family responsibilities.
It is also important to think carefully before appointing someone who is disorganised, financially inexperienced, likely to be in conflict with other beneficiaries, or based overseas. An overseas executor can act, but it may add practical and tax complications, particularly where documents need to be signed, assets are UK-based, or professional coordination is required.
When a professional executor may be the better choice
A professional executor, such as a Solicitor, can be especially valuable where an estate is complex, there are business interests, trusts, overseas assets, inheritance tax issues, vulnerable beneficiaries, or a real risk of family disagreement. Professional involvement can also relieve family members of a demanding administrative burden, while ensuring the estate is administered carefully, objectively and in accordance with the terms of the will.
At The Burnside Partnership, we have experience acting as professional executors and supporting lay executors through the probate process. This can include identifying and valuing assets, dealing with inheritance tax reporting, liaising with beneficiaries, managing estate accounts, addressing practical administration issues and helping to resolve points of uncertainty before they become disputes.
That does not mean every will needs a professional executor. In many straightforward cases, trusted individuals can be appointed and can then seek legal or tax advice if needed. We can help you decide whether it is better to appoint family members, professionals, or a combination of both, depending on the complexity of your estate and the dynamics within your family.
How The Burnside Partnership can help
When preparing or reviewing your Will, we can talk through your family circumstances, the nature of your assets and any practical or tax issues that may affect the administration of your estate. We can advise on who may be suitable to act, whether substitute executors should be appointed, and whether a professional executor would provide useful continuity, independence or reassurance.
We also assist executors after death, whether or not we are named in the Will. For lay executors, that may mean providing guidance on probate, inheritance tax, estate administration and beneficiary communications. Where we are appointed as professional executors, we can take responsibility for the administration process and provide experienced, impartial management of the estate from start to finish.
Talk to your chosen executor before naming them
Before naming someone in your Will, it is sensible to ask whether they are willing to act. They do not have to accept the appointment and discovering later that they are unwilling or unsuitable can create uncertainty. A short conversation can also help them understand where your important documents are kept and whether you would expect them to involve professional advisers.
Keep the decision under review
Your choice of executor should be reviewed whenever your circumstances change. Marriage, divorce, bereavement, a family dispute, a move abroad, a change in financial circumstances, or the birth of children or grandchildren may all affect who is best placed to act.
Final thought
Choosing an executor is not just an administrative detail. It is a decision that can make a real difference to how smoothly your estate is dealt with and how supported your family feels after your death.
The right executor should be trusted, practical, fair-minded and willing to take advice when needed.
If you are unsure who to appoint, The Burnside Partnership can help you review your options and put arrangements in place that protect your wishes and give your loved ones greater clarity when it matters most. Please contact info@theburnsidepartnership.com for more information.
This article is intended as general information only and does not constitute legal advice. Individual circumstances should always be considered.
