Writing a will is one thing. Choosing someone to carry out your wishes after you die is quite another. You need an executor who will handle your estate, collect your assets, pay your debts, and distribute what you leave behind. But who should take on this responsibility? Can you appoint a family member? Should you use a solicitor? What if the person you choose does not want the job?
The good news is that appointing an executor is straightforward. In England, Scotland and Wales, you can name anyone over 18 who has the mental capacity to manage your affairs. You can choose one person or appoint up to four executors. They might be relatives, close friends, or professionals like solicitors or accountants.
This guide explains the UK rules and takes you through each step of appointing an executor. You will discover what executors do, who qualifies for the role, how to choose the right people, how to formalise the appointment in your will, and what to do once you have named them.
What an executor of a will does
An executor carries out your final wishes and manages your estate after you die. This person becomes legally responsible for everything you own, from your bank accounts and property to personal possessions and outstanding debts. When you appoint an executor of a will, you give them the authority and duty to wind up your affairs according to your instructions.
Core administrative duties
Your executor handles all the legal and practical tasks needed to settle your estate. They must register your death, arrange your funeral (if you have not made other plans), and secure any property you own. The executor will also apply for probate if your estate is large enough to require it, which gives them the legal right to access your accounts and assets.
Beyond the initial steps, your executor must:
- Contact all banks, building societies, pension providers and insurance companies
- Close or transfer your accounts
- Inform government departments, utilities and subscription services
- Cancel passports, driving licences and other official documents
- Collect any money owed to you
- Value everything you own, including property, investments and personal belongings
Financial and legal responsibilities
Managing your finances is where the executor’s role becomes most demanding. They must calculate the total value of your estate and work out whether any inheritance tax is due. If your assets exceed the tax-free threshold (currently £325,000, or up to £500,000 if you leave your home to direct descendants), your executor must complete the necessary forms and pay the tax before distributing your estate.
Your executor will also settle all your debts, including any outstanding bills, loans, credit cards or funeral costs. They pay these from your estate before anyone receives their inheritance. Once all debts and taxes are cleared, the executor distributes what remains according to your will.
The executor is personally liable for mistakes, so they must keep detailed records of every transaction and decision.
This responsibility makes choosing the right person absolutely crucial to protecting your estate and your beneficiaries.
Step 1. Understand who you can appoint
Before you appoint executor of will, you need to know the legal requirements in the UK. The rules are straightforward, but understanding them prevents problems later. Your executor must meet specific criteria at the time of your death, and certain people face legal restrictions that make them unsuitable for the role.
Basic legal requirements
Your executor must be at least 18 years old when you die and have the mental capacity to manage your affairs. You can name someone younger in your will, but they cannot act as executor until they reach 18. This matters if you die before your chosen executor comes of age, as someone else must step in temporarily.
Mental capacity means your executor can understand what they are doing, make decisions about your estate, and communicate those decisions. Anyone with severe dementia, advanced mental illness, or a diagnosed condition affecting their judgement cannot serve. The requirement protects both your estate and the person you name, as executors face personal liability for mistakes.
Who qualifies as an executor
You have wide freedom when choosing executors. Family members are the most common choice, including your spouse, adult children, siblings or other relatives. Close friends also qualify if you trust them with your financial affairs. Many people appoint professional executors such as solicitors, accountants, or the Public Trustee when their estate is complex or family relationships are strained.
Your executor can also be a beneficiary who inherits from your will. In fact, this arrangement is common because beneficiaries have a direct interest in settling the estate properly. However, beneficiaries cannot witness your will, as this makes their inheritance invalid.
An executor does not need to live in the UK, but choosing someone abroad creates practical difficulties with probate applications and accessing your assets.
People who cannot act as executors
Certain individuals face automatic disqualification from serving as executor. Anyone under 18 cannot apply for probate, and anyone bankrupt is prohibited from managing your estate. The bankruptcy restriction continues until the person receives their discharge.
Companies and organisations can serve as executors if they offer professional executor services. However, you cannot appoint:
- Someone who lacks mental capacity
- A person convicted of fraud or dishonesty (though no automatic bar exists in law, probate registries may refuse the application)
- Your pets or other non-human entities
You can name up to four executors to act simultaneously, but all must agree on decisions. Naming more than four in your will means only the first four can apply for probate together.
Step 2. Choose the right person or people
Selecting your executor is one of the most important decisions you make when writing your will. This person controls your entire estate after you die, handles thousands of pounds, and makes decisions that affect everyone you leave behind. You need someone trustworthy, capable and willing to take on what can become a demanding, time-consuming role that often lasts nine to twelve months or longer.
Consider practical factors first
Your executor must have the time and energy to dedicate to your estate. Administering even a straightforward estate requires dozens of phone calls, mountains of paperwork, and constant correspondence with banks, solicitors, government departments and beneficiaries. Complex estates with property to sell, businesses to wind up, or overseas assets demand far more work.
Organisational skills matter enormously. Your executor keeps detailed records of every transaction, maintains files of correspondence, tracks deadlines for tax returns, and juggles multiple tasks simultaneously. Someone who struggles with paperwork or misses important dates will cause delays and potentially costly mistakes. Financial literacy also helps, as your executor must value assets, calculate inheritance tax, manage investments, and understand legal obligations.
Location plays a practical role too. Executors based in the UK find the process easier than those living abroad, who face difficulties attending meetings, signing documents, and accessing physical paperwork. However, distance should not disqualify the right person if they have the commitment and capability.
Weigh professional versus family executors
Family members or friends bring personal knowledge of your wishes and genuine care for your beneficiaries. They typically serve without charging fees, which saves your estate money. Your spouse, adult children, or trusted friends often make excellent executors when your affairs are straightforward and family relationships are harmonious.
Professional executors such as solicitors, accountants, or specialist probate firms offer expertise that family members may lack. They understand complex legal requirements, handle inheritance tax calculations efficiently, and remain neutral if disputes arise between beneficiaries. Professionals charge fees (usually a percentage of the estate or hourly rates), but this cost often proves worthwhile for complicated estates or contentious family situations.
Combining both types by appointing a family member alongside a professional creates a balanced approach that provides personal insight and expert knowledge.
The Public Trustee offers another option for people without suitable family or friends. You can appoint executor of will by naming the Public Trustee in your will, though they assess each case individually and may decline complex or contentious estates.
Decide on one executor or multiple
A single executor makes decisions quickly without needing consensus and faces no risk of disagreements. This works well when you trust one highly capable person completely. However, if that person dies before you, becomes unable to serve, or decides to decline the role, you need a backup plan.
Multiple executors (up to four) share the workload and provide continuity if one cannot act. Two executors work well in most cases. You might combine a family member who knows your wishes with a professional who brings legal expertise. Three or four executors suit very large or complex estates where different skills complement each other.
Joint executors must agree unanimously on every decision, which can slow progress or create deadlock if they disagree. You can appoint executors to act "jointly and severally," meaning they make decisions together but can also act independently when needed. Alternatively, name substitute executors who step in if your first choices cannot serve, giving you flexibility without requiring multiple people to act simultaneously.
Step 3. Formalise the appointment in your will
You cannot appoint executor of will through a verbal promise or informal agreement. English and Welsh law requires you to name your executors in a valid, written will that meets specific legal requirements. Your appointment only becomes legally binding when you create a proper will, sign it correctly, and have it witnessed according to the rules. Without this formal process, your chosen executors have no legal authority to manage your estate.
Include the essential wording
Your will must clearly identify each executor by their full legal name and current address. Vague descriptions like "my eldest child" or "my best friend" create confusion and delay probate applications. You also specify whether multiple executors act jointly (making all decisions together) or jointly and severally (able to act together or independently).
The appointment clause typically appears near the beginning of your will, immediately after you identify yourself. Use clear, straightforward language like this template:
Executor Appointment Clause:
I appoint [Full Name] of [Full Address] and [Full Name] of [Full Address]
to be the executors and trustees of this my Will. If either of them dies
before me or is unable or unwilling to act, the other may act alone.
If both are unable to act, I appoint [Full Name] of [Full Address] as
substitute executor.
Professional will writers often combine the executor appointment with trustee powers in one clause, as executors usually need to act as trustees when managing your estate. Substitute executors provide backup if your first choices cannot serve, preventing the need to rewrite your will.
Including substitute executors protects your estate by ensuring someone you trust can always step in, rather than leaving the court to appoint an administrator.
Position the clause correctly
Standard will structure places the executor appointment in the opening section, after you revoke previous wills but before you make any gifts or bequests. This positioning makes sense because executors need authority over your entire estate from the moment of your death, and probate registries expect to find the appointment clause early in the document.
You can write your own will, use an online will writing service, or instruct a solicitor. Solicitors charge between £150 and £500 for straightforward wills, but they ensure your executor appointment uses legally sound language and complies with current law. DIY wills and online services cost less but carry higher risk of errors that invalidate the appointment.
Sign and witness properly
Your executor appointment only becomes valid when you sign your will in the presence of two independent witnesses who also sign while you watch them. Witnesses must be over 18 and cannot be your executors, beneficiaries, or married to beneficiaries.
Follow this exact signing process:
- Read through your complete will, including the executor appointment
- Sign and date the will at the end, in the presence of both witnesses
- Have each witness sign immediately, one after the other, while you remain present
- Ask witnesses to print their full names and addresses below their signatures
- Store the original will safely and tell your executors where to find it
Digital signatures do not satisfy UK will requirements. You must sign a physical paper document with pen and ink. Failing to follow the witnessing rules invalidates your entire will, including your executor appointment, leaving your estate to pass under intestacy rules.
Step 4. Review, update and support your executors
Appointing executors in your will is not a one-time task you complete and forget. Your circumstances change, your executors’ situations shift, and your estate evolves over time. You must review your executor appointments regularly and keep the people you have chosen informed about their role. This ongoing process ensures your executors can actually serve when the time comes and know exactly what you expect from them.
Review and update your appointments
Check your executor appointments every three to five years at minimum, and immediately after any major life event. Your executor might move abroad, develop health problems, become bankrupt, or simply feel unable to take on the responsibility. You might fall out with someone you previously trusted, or your estate might become more complex and require professional expertise.
Update your will whenever you need to change executors. You cannot simply cross out names and write new ones on your existing will, as this invalidates the document. Instead, create a codicil (a formal amendment) or write a completely new will that revokes the old one. The same signing and witnessing requirements apply.
Common situations that trigger executor reviews include:
- Your executor dies, becomes seriously ill, or loses mental capacity
- Your executor moves overseas or becomes difficult to contact
- Your relationship with your executor breaks down
- Your estate value increases significantly or becomes more complex
- You acquire property, businesses, or overseas assets
- Your executor asks to be removed from the role
- You divorce, remarry, or have children
Inform and prepare your executors
Talk to each person before you appoint executor of will to confirm they accept the responsibility. Explain what the role involves, how complex your estate is, and whether you expect any family disputes. This conversation prevents nasty surprises after your death and gives executors time to decline if they feel unable to cope.
Provide your executors with essential information that helps them act quickly when needed. Tell them where you keep your will, who your solicitor is, and where to find important documents. Share details about your bank accounts, insurance policies, property deeds, and digital assets. Keep this information updated whenever your circumstances change.
Giving your executors a clear roadmap now saves them months of detective work later and ensures they can carry out your wishes efficiently.
Consider creating a letter of wishes that sits alongside your will. This informal document explains your reasoning behind certain decisions, provides passwords for digital accounts, lists people to notify, and offers guidance on personal matters not covered in the legal will itself.
Final thoughts
Choosing someone to appoint executor of will ranks among the most important decisions you make when planning your estate. Your executor controls everything you own, settles your debts, and ensures your wishes become reality after you die. Take the time to select capable, trustworthy people who understand the responsibility and have your complete confidence. Formalise their appointment in a properly signed will, keep them informed about your affairs, and review your choices regularly as circumstances change.
Planning your estate involves more than just choosing executors. Many people now consider direct cremation as a simpler, more affordable alternative to traditional funerals. This option reduces both costs and stress for your executors and family, allowing them to focus on celebrating your life rather than organising an expensive ceremony. Direct cremation services handle all the practical arrangements with dignity and respect, giving your loved ones the freedom to create their own meaningful memorial at a time that suits them.