Executors:
what we ask
people to weigh up

What an executor actually does

An executor's job begins at death and typically runs for six to twelve months, sometimes longer. The work is practical, administrative, and can be emotionally difficult - all at once. In broad sequence, an executor will:

• Locate the original Will and confirm they are willing to act
• Register the death and obtain certified copies of the death certificate
• Notify banks, pension providers, HMRC, the DWP, and other relevant organisations
• Value the estate - property, savings, investments, personal belongings, and any liabilities
• Calculate and pay any Inheritance Tax due, which must be paid before the Grant of Probate is issued
• Apply to the Probate Registry for a Grant of Probate, which gives them legal authority to deal with the estate
• Collect the assets - close accounts, sell or transfer property, encash investments
• Pay the estate's debts, bills, and any further tax liabilities
• Prepare estate accounts showing what came in and what went out
• Distribute the remainder to the beneficiaries in accordance with the Will

This is not a weekend project. For a straightforward estate - one property, savings accounts, a small number of beneficiaries - the work typically takes six to nine months. Complexity adds time: property sales, overseas assets, business interests, disputes, or unclear beneficiary details can stretch the process considerably.

How many executors to appoint

Most Wills appoint two executors. One is rarely enough - if they predecease you or cannot act, there is no fallback. More than two is rarely necessary, and often creates coordination problems rather than solving them.

When you appoint two executors, there is a further question: should they be joint executors, or joint and several executors?

Joint executors must act together. Every decision, every signature, requires both. This provides mutual oversight but demands consistent availability and agreement - which can become difficult if the two are in conflict or geographically separated.

Joint and several executors can each act independently. Either can sign, instruct, and make decisions without the other's involvement. This is more practical in most real-world situations. We typically recommend this approach unless there is a specific reason to require joint action.

Who people typically choose - and the trade-offs

There is no single right answer to who should be an executor. The choice tends to fall into a few common patterns, each with genuine advantages and real limitations.

What to tell your executor before you sign

An executor who has never heard of the role - and has no idea where your documents are - is an executor who will struggle. Before your Will is signed, your chosen executor should know:

• That you have appointed them and that they have agreed to act
• Where the original Will is stored (not just that it exists)
• Where to find key documents - property deeds, insurance policies, investment records, pension details
• The broad shape of your estate - what you own, where it is held, and any complexity they should expect
• Whether you have any wishes about funeral arrangements (these go in a separate letter, not the Will itself - a Will may not be read until after the funeral)

This conversation is not just practical. It gives your executor time to ask questions, raise concerns, or - if they feel they cannot take on the responsibility - tell you now rather than at the moment the role falls to them.

Substitution: if your executor cannot act

A Will should include a substitution provision - a named person or arrangement that takes effect if your primary executor predeceases you, loses capacity, or formally renounces the role. Without this, the estate may need to apply to the court for an administrator to be appointed, which adds cost and delay at an already difficult time.

We ask clients to think about substitution at the point of drafting, not as an afterthought. It is especially important where executors are of a similar age to the testator.

Reviewing your choice at annual review

Executor appointments go stale. The person who seemed ideal when you signed your Will may, years later, have moved abroad, developed health problems, experienced a significant falling-out with the family, or simply expressed that they would rather not take on the role. Relationships change. Circumstances change.

We include executor review as a standing item in our annual client reviews for this reason. It takes five minutes and regularly surfaces something that needs updating. Updating an executor appointment is straightforward - it can be done by a Codicil without requiring a full new Will - but it requires someone to actually ask the question.

Who holds the role matters as much as the Will itself. An executor who is the wrong fit, or who is no longer available, is a problem that lands entirely on the people already managing grief. Getting it right is worth the conversation.