Who can be an executor?

Answer

When someone passes away, they will usually name an executor. This person is chosen to manage the estate and ensure that everything is handled according to the deceased’s wishes. It’s a role that carries significant responsibility, requiring someone dependable and capable of navigating both financial and legal matters.

In simple terms, the executor is the person who steps in to make sure that the deceased's wishes are fully respected and everything is taken care of properly.

What is an Executor of a Will?

An Executor of a Will is a person or small group of people appointed to make sure that the final wishes of someone who has passed away are carried out. This role involves managing all aspects of the estate - from handling savings and possessions to overseeing investments. They also have a duty to settle any outstanding debts and distribute the remaining assets to the beneficiaries (as outlined in the will).

What Does an Executor of a Will Do?

An Executor has many tasks they'll need to complete, the first often applying for probate, which grants them the legal authority to manage the estate. After probate is secured, they move on to settling any taxes and debts, and finally, distributing what remains to the beneficiaries.

They'll then need to locate and secure all of the deceased’s assets - whether it's bank accounts, property, or personal items with sentimental value. 

Throughout this process, executors must keep detailed records of every decision and transaction. Their responsibility is to ensure everything is conducted fairly and in accordance with both the law and the wishes set out in the will.

What Power Does an Executor of a Will Have in the UK?

In the UK, executors are granted considerable legal powers when it comes to managing an estate. They have the authority to access the deceased’s bank accounts, sell property, and decide how to distribute the assets.

However, with these powers comes the responsibility to act in the best interests of the beneficiaries, strictly following the instructions laid out in the will and adhering to all legal requirements. This role is not merely about managing money—it’s about ensuring that the deceased's wishes are respected and fulfilled.

Who Can Be an Executor of a Will?

Choosing the right executor is one of the most important decisions you’ll make when drafting your will. The rules are straightforward: almost anyone over 18 and mentally capable can be an executor. Most people choose a trusted family member or friend—someone they believe will handle everything with care and respect.

It’s also common to appoint a solicitor, especially if your estate is complex or if you want to ensure that everything is managed professionally without placing a burden on your loved ones.

A question that often comes up is whether an executor can also be a beneficiary. The answer is yes, and in fact, this is quite common. Often, the person chosen as executor is someone close to you who understands your wishes intimately.

What an Executor Cannot Do

While executors hold significant responsibility, there are clear boundaries they must respect. They can’t change what’s written in the will, act in ways that harm the beneficiaries’ interests, or use their position for personal gain beyond what’s specified in the will.

The executor’s job is to follow the will’s instructions exactly as they are written, and to manage the estate with integrity and fairness.

Choosing the Right Executor

Selecting the right executor is crucial. You want someone who is not only trustworthy but also organised and capable of handling legal and financial tasks. If you’re unsure who to choose, or if the estate is particularly complex, it might be wise to appoint a professional, like a solicitor, who can manage everything impartially and ensure the process runs smoothly.

If your will doesn’t name an executor, a family member or friend can apply for what’s known as Letters of Administration, which gives them the legal authority to manage your estate and assets.

How GloverPriest Can Help

At GloverPriest, we understand that the role of an executor can feel overwhelming, especially if it’s your first time taking on such a responsibility.

Our experienced Wills, Trusts, LPA and Probate solicitors are here to guide you through each step, from applying for probate to ensuring that the assets are distributed according to the will.

Whether you need advice on choosing an executor or support in fulfilling the duties, simply fill out our enquiry form to get in touch. We’re here to help make the process as smooth as possible.