Legal News | 6.03.25

“Executor” – a privilege or a curse?

One of our regular newsletters explored the executorship role, from the perspective of those appointed as executors – see Acting as an executor – the initial considerations.

But there is another perspective to explore. If you are making a Will, who should you appoint to take on this vital role?

You might think that family or friends you name as executors will be honoured – after all, you as a testator are placing your ultimate trust in these chosen individuals to deal with the assets you have amassed over a lifetime and to pass these to your loved ones.

However, the extensive breadth of responsibilities that an executor must take on are not always considered.

The role requires:

• Organisation – can this individual deal with a great deal of paperwork, interpreting your Will, following the applicable law and, in some cases, paying inheritance tax?
• Impartiality – can this individual put aside any personal feelings about beneficiaries? An executor must follow the terms of a Will and cannot favour some beneficiaries over others. This is particularly important when dealing with a Discretionary Trust Will, where the executor has discretion to distribute an estate; the executor should be trusted to exercise their discretion even-handedly and take into account all relevant circumstances. Whether the executor personally likes a beneficiary should not come into the equation.
• Common sense – might your home be unoccupied after your death for a period of time? You will want your executor to know that pipes can freeze and so some level of heating should be turned on in colder months (not to mention the property should be secure and insured!).
• Ability to account – estate accounts must be produced to show the relevant values of assets and liabilities in the estate and show any transactions that have taken place using estate funds. If the person you are considering for the role is not a fan of numbers or spreadsheets, they may not be the best person for the job.

The role can also be ongoing for months or years, with some lay executors even feeling that their executorship is like a part-time job (and often without compensation – usually only those carrying out the role in a professional capacity can charge for their time, so you might consider making cash legacies to your executor if they do take up the role). Of course, many lay executors opt to instruct solicitors to assist them with their task, so if the person you have in mind for the role has limited free time, this option is available.

Whether considering who to appoint as your executor or if you yourself have been appointed as an executor, please do not hesitate to discuss this role with your usual contact at Wansbroughs or contact us at wealth@wansbroughs.com.