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Naming an executor is often treated as a tick-box exercise when writing a will. Most people simply name their children or spouse and forget about it.
But this is a mistake. Being an executor is not a badge of honour – it’s an unpaid administrative job with significant legal liability. If you choose the wrong person, you risk family feuds, delays in accessing money, and even big bills if their work leads to legal disputes or tax errors.
Here’s your step-by-step guide to picking the right team.
What’s on this page?
Legally, you can appoint up to four executors. In practice, having four people who all need to sign the same documents is a logistical nightmare.
Kieran Osborne, managing director of Squiggle Consult, says: “In practice two executors is best. That way there’s a back-up if one can’t act, but you avoid the complications of too many people having to sign everything.”
Action: Aim for two. It provides a safety net if one dies or loses capacity, without creating a committee.
Professional executors (like solicitors or banks) charge fees – often between £3,500 and £20,000, or a percentage of your estate’s value.
Family members do it for free. However, “free” can come at a high cost if they aren’t up to the task. Executors can be sued if they make a mistake in the distribution of the assets or the settlement of any debts. Or there may be penalties from HMRC if inheritance tax is calculated wrongly.
Kieran Osborne shares a warning from his own experience: “I once dealt with an estate where two adult children were appointed. They were still raw from the loss of their parent, and every decision became a source of friction. We ended up bringing in a professional to help mediate and keep things moving.”
The compromise:
You can appoint a beneficiary (like a spouse or adult child) as an executor. This often works well because they have a financial incentive to get the job done quickly.
However, if your estate or family situation is more complicated, paying a pro might be cheaper than a family feud.
Jade Gani, CEO of Circe Law, explains: “There are circumstances where appointing a professional, such as a solicitor, can be very valuable. This is particularly true if the estate is complex, if there are business or unusual assets, or if you anticipate disputes among beneficiaries. A solicitor brings professional expertise and impartiality, but their services will come at a cost, so it’s important to weigh up the benefits against the expense.”
Before you write a name in your will, ask yourself if they actually have the skills. This isn’t about who you love the most – it’s about who is most capable.
Steve Webb says: “There is a lot of paperwork and administration to sort out. When choosing people to act as the executor of your will, it’s worth thinking about someone trusted who may be familiar with financial matters and would find it easier to deal with all the bureaucracy at such a difficult time.”
When you write your will, you can name under-18s as executors if you wish,but they would need to be 18 or over when the time comes to apply for probate, so this may be a risky strategy unless you’re naming another executor.Again, consider whether they have the skills that they’ll need.
The executor skills checklist:
Lucy Cresswell, an associate at Vault Private Client, adds: “Your executors should be trustworthy, organised and responsible. Emotional stability is also crucial. It is not advised or fair to put the burden of dealing with a loved one’s estate on someone who may be emotionally vulnerable.”
You don’t have to choose between ‘all DIY’ or ‘all professional’.
You can appoint family members as executors, and give them the power to hire a solicitor for specific difficult tasks (like the tax return) paid for by the estate. This keeps control in the family but buys in help where needed.
Kieran Osborne notes: “It’s very common to appoint a spouse or adult children as executors, and that often works well if they are capable and willing, but it isn’t always the best choice. Executors need to deal with paperwork, deadlines and sometimes disputes, which can be a lot for someone who is grieving.”
The job is also about to get much harder. From April 2027, unused pensions will be dragged into the inheritance tax (IHT) net.
Steve Webb, a partner at pension consultants LCP, explains the new complexity: “The person sorting out the estate will need to contact pension companies, gather information about any unspent pension balances, combine that with other information about the estate and use an HMRC calculator to work out what IHT is due.”
Never surprise someone by naming them in your will. It is a burden, not a gift. Sit them down, explain where your assets are, and ask if they are willing to take on the responsibility. If they hesitate, pick someone else.
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