Executors

The person writing a will appoints executors in order to look after their affairs after their death. Executors are responsible for carrying out the wishes in the will, such as collecting the assets of the estate, making payments, transferring gifts and property to beneficiaries, and arranging the funeral.

Between one and four executors can be appointed. It is a good idea to appoint more than one, in case one of them dies.

An executor should be someone trusted. They should be able to cope with paperwork, sometimes with the help of a solicitor. Many people appoint the person who is to receive most of their property and their money, but an executor can be a close relative or friend, whether or not they are to inherit anything. The person’s solicitor could be the executor.

If possible, an executor should be on hand as it is difficult to deal with someone's affairs from a long way away. If the executor lives abroad, there is a risk of uncertainty and additional legal expense unless they are able to spend time in the UK.

It is worth checking that potential executors are willing to undertake the task. People have the right to refuse to be an executor. It is a lifelong commitment – they would be expected to deal with any issues related to the estate that came up in the future.

In England and Wales, the Public Trustee or, in some cases, the Official Solicitor can be executor if no one else is willing and able to do so.

In Northern Ireland, only executors living outside that country, or who are incapable of dealing with their own affairs, can appoint someone to act in their place.

Therefore, it is very important that to ensure that the executors nominated in a will are prepared to take on the role and are mentally and physically capable of carrying out the work.

If an executor dies, any surviving executor(s) can continue in the role. Legal advice will be needed if there are no surviving executors.

If at any point, an executor feels they can no longer act in the role they must inform the Probate Registry in writing.