What is an Executor?
An executor is a person appointed in a Will to manage the estate of the deceased.
Roles and responsibilities
Executors have the legal authority to act on behalf of the estate once probate has been granted. Their core duties may include:
- Locating the will and registering the death.
- Applying for a Grant of Probate (if required).
- Valuing the estate (assets and liabilities).
- Paying utilities, debts, taxes, and funeral costs.
- Keeping records and preparing estate accounts.
- Distributing the assets to beneficiaries.
Who can be an Executor?
- Must be over the age of 18 and have mental capacity.
- Can be a beneficiary, family member, friend or a professional.
- Up to four executors can act at once, though two is typical for practicality.
When discussing executors, always consider:
- Are they willing and capable?
- Are they likely to outlive the testator?
- Could there be conflict among executors or with beneficiaries?
- Are they local?
When there is a minor beneficiary, a minimum of 2 executors must be appointed to protect their interests.
Profesional Executors
Clients may choose to appoint a professional executor, or ELM, where:
- The estate is complex.
- There's no suitable individual available.
If we are named as executors and are required to act, we will charge no more than 2.25% of the estate. Discounts apply for EMP clients.
What if an Executor can't act?
- Renunciation: They can formally step down by signing a renunciation form (this must be before taking any action.
- Power reserved: They can defer to other executors but retain the option to act later.
- Substitution: A reserve executor can step in if named in the will.
- Court appointment: If no executors can act, an administrator may be appointed by the courts.
Executor vs Administrator
Without executors or a valid will, the courts will appoint an administrator. This often results in less control, slower administration, and more stress for families. This may occur when:
- There is no valid will (intestacy).
- The will failed to name any executors.
- All named executors have died, renounced, or are unwilling/unable to act.
| Executor | Administrator |
| Appointed within a valid will by the testator | Appointed by the probate courts when there is no valid will or no willing/able executors |
| Carries out the instructions in the will | Typically, follows the rules of intestacy |
| Must apply for a Grant of Probate (if required) | Must apply for a Letters of Administration |
| Can be anyone named by the testator | Usually, a next of kin |