Choosing your Executor is an important part of making a Will. Several people choose their spouse, children or a close friend. For many families, this works well. However, being an executor is an entirely voluntary position and it comes with a lot of responsibility and risk.
For this reason it is worth thinking about what an Executor actually has to do before making your decision. Dealing with an estate involves a lot of work, particularly if the estate is complicated. In some circumstances, appointing a solicitor as your Executor can make the process easier for your family and provide additional protection when your estate is administered.
- What’s the Executor’s role?
An Executor is responsible for dealing with your estate after your death and making sure that the instructions in your Will are followed.
Their work may include but is not limited to:
- Finding and valuing your property, savings, investments, crypto assets and other assets
- Finding out what debts and bills need to be paid
- Dealing with Inheritance Tax, Income Tax and CGT
- Applying for the Grant of Probate
- Selling or transferring property
- Dealing with investments or business interests
- Contacting and updating beneficiaries
- Preparing estate accounts
- Paying the correct amount to each beneficiary
- Risk, regulatory, and compliance requirements
An Executor also has legal responsibilities. If the estate is distributed incorrectly or an important debt or tax liability is missed, the Executor may sometimes be personally responsible for putting things right. With the upcoming changes to IHT on pensions, the risk on Executors may be higher than ever from April 2027.
For a family member who has never dealt with an estate before, this can be a lot of responsibility. We must also remeber that they are dealing with their own grief at the same time.
- Why should someone appoint a solicitor as an Executor?
There are several reasons why you may want to consider appointing a solicitor.
- Experience
Solicitors who regularly deal with probate understand the process and the steps that need to be followed.
Not every estate is straightforward. Did you know that even if there is no tax to pay, you may still need to report the estate to HMRC? There may also be property to sell, investments, trusts, business interests or assets in another country.
Having an experienced professional dealing with the estate can be particularly helpful when these issues arise.
- Independence
Family relationships can sometimes become difficult after someone dies.
Beneficiaries may disagree about the Will, the sale of a property, personal belongings or how quickly the estate should be dealt with.
A solicitor is independent. The Executor’s role is to administer the estate correctly and follow the terms of the Will. A solicitor can be much more effective in this role in any estate, but particularly where there are difficult family relationships or a risk of disagreement between beneficiaries.
- Less pressure on your family
Administering an estate involves a large amount of paperwork. Executors quite often need to deal with banks, HMRC, the Probate Registry, pension providers, investment companies, estate agents, utility companies and many other organisations.
A professional Executor can deal with this work rather than leaving a family member to manage everything at what may already be a difficult time.
- Continuity
A Will may be made many years before it is needed.
During that time, a family member you have appointed as Executor may become unwell, move abroad or simply no longer feel able to take on the responsibility. Appointing professionals through a firm can provide greater continuity.
- Professional protection
Solicitors are regulated and must follow professional rules and standards. Solicitors’ firms also have professional indemnity insurance. This provides an additional level of protection when your estate is being administered.
- When can a professional Executor be useful?
A professional Executor is always useful but may be particularly invaluable if your estate includes:
- A business or partnership
- Several properties
- Agricultural property or farmland
- A trust
- Assets outside the UK
- Complicated tax matters
- A large number of beneficiaries
- Children or vulnerable beneficiaries
- Difficult family relationships
- A possible dispute about your estate
This does not mean that everyone with these circumstances needs a professional Executor. It simply means that there will be more work and responsibility involved in administering the estate.
- What about the cost?
Cost is an important consideration. A solicitor acting as an Executor will charge for the professional work carried out in administering the estate, but they are often more than happy to work alongside family members and share the burden where appropriate to keep costs down.
Cost should be considered not only alongside the amount of work involved and the complexity of the estate but also the immeasurable value of lifting the administrative burden from a friend or loved one. The important question is whether the person you appoint will be willing and able to deal with the estate properly when the time comes to ensure your wishes are carried out.
- Can someone appoint a solicitor and a family member together?
This is one of the most common options. You do not necessarily have to choose between a professional Executor and a family member.
For example, you can appoint a family member together with a professional Executor. This can provide a useful balance: the family member knows you and your family, while the professional Executor understands the legal and practical process.
Another option is to appoint family members as your Executors and encourage them to obtain professional advice if they need help after your death.
The best option will depend on your estate and your family circumstances.
- Making the right choice
There is no single right choice of Executor.
For some people, a spouse, child or trusted friend will be the right person. For others, appointing a solicitor may provide greater peace of mind, particularly where the estate or family circumstances are more complicated.
The main benefits of appointing a professional Executor are experience, independence, continuity and professional responsibility. It can also take a considerable amount of work and pressure away from family members.
When choosing your Executor, it is therefore worth thinking beyond simply asking, “Who do I trust?”
You should also consider whether that person will have the time, knowledge and confidence to deal with your estate, and whether you want them to carry that responsibility at what may already be a difficult time for them.
Choosing the right Executor can help make sure that your estate is dealt with properly, your wishes are followed and the people you leave behind have one less thing to worry about.