Who Can Be an Executor of a Will?

Almost anyone can be the executor of a will. With no specific criteria or framework to be applied, it’s open to nearly everyone, with just a few exceptions.

The only requirements are that an executor has:

• The mental capacity and time to fulfil the necessary obligations of an executor
• A willingness to take on the role. They are free to object if they wish

Should these criteria be fulfilled, an executor can be practically anyone. Even those under 18 are permitted to be named an executor, as long as at least one of them is aged over 18 at the time they apply for probate.

In this blog, we’ll dive deeper so you can find out more about who can become an executor.

What is an Executor?

An executor is a person (or persons) named in a will who will carry out the wishes of the deceased. They will be responsible for settling all affairs and applying for the grant of probate if applicable. This might involve the settling of debts, transferring assets and fulfilling the wishes of the will. It’s not an easy or quick job and should only be offered to those who can free up the time to complete it properly.

How many executors can you have?

When naming executors, there is no limit, but only four may act at any one time. This can reduce the workload and make it much easier to complete things promptly. However, it can also make things a little impractical and potentially lead to disputes.

With more than one executor appointed, decisions must be made jointly. It’s widely recommended that at least two executors be appointed. This way, should one pass away or be unable to complete their role as executor, there is at least one other person who can assist with fulfilling the wishes detailed in the will.

How do I choose an executor for my will?

Choosing an executor isn’t a decision to take lightly. The role is a time-consuming process, and for some, it may be a quite overwhelming. You should spend time carefully explaining the role to those you ask, and ensure that they feel comfortable taking it on.

Consider those who can dedicate time to the role and are happy to do it.

Can I name family members as executors?

Certainly – it’s one of the most common groups of people named as executors of a will. As touched upon earlier, ensure they are happy to have the role. If you write your will and name them before they approve, you’ll have to change your will if they reject the role.

It is also advisable that if you are married, you name more than just one executor. It is common to name a husband, wife or partner as an executor, but in the immediate aftermath of your passing, handling the estate is unlikely to be among their priorities.

Can I name someone under 18 as an executor?

You can name someone under 18 as an executor of a will, but they must be over 18 to apply for probate. If the person aged under 18 is also a beneficiary of the will or has a life interest in any of the assets, two executors will be required.

Can an executor be a beneficiary?

Yes, and it’s quite common. In many cases, at least one beneficiary will be an executor. In some cases, an executor is not a beneficiary. This will most likely be where the inheritance is solely given to children under 18. 

One thing you can’t do is name a beneficiary as a witness. If this were to happen, the beneficiary would no longer be entitled to their share of the inheritance.

Can a solicitor be an executor?

A solicitor can be an executor, along with accountants, probate specialists and banks. This is what is known as a “professional executor” and can see the entire probate process worked through quite quickly. With vast experience in handling such complex affairs and staff available to dedicate time to it, it can remove any complications and delays that more inexperienced executors may encounter.

It will come at a cost, though, and can be expensive. Some professional executors charge a fixed fee, others charge by the hour, and some take an agreed percentage of the estate value.

Can an executor be removed?

An executor can be removed, but it can be a tricky process. If an executor is unable to fulfil their role, perhaps due to ill health or a family emergency, they could simply ask to be removed, or they could be asked to step aside.

If an executor is thought to have committed misconduct or proven themselves unsuitable – perhaps by stealing from the estate, mismanaging assets or failing to keep proper records – an application to the court can be made to have the executor removed. It can be a slow and expensive process, so legal advice is always recommended. Upon hearing evidence, the court will then decide whether to remove and replace the executor, or allow them to keep their role.

Where a solicitor or other professional has been hired as an executor, a request can be made for them to step down if the family collectively requests that they relinquish their role.

What happens if I don’t appoint an executor?

If you don’t appoint any executors, the estate is left without anyone to manage it after you pass away. This can become complex, stressful and may even lead to heightened family disputes. Without an executor, and without a will, the estate would instead be distributed according to the rules of intestacy. This means that people you wished not to inherit from you could, in fact, benefit from your estate, whilst others you wished to benefit miss out.

If there is nobody to act as an executor, it is possible to appoint a Public Trustee. This is a government official who takes the role of executor when no suitable person is available. They’ll take a percentage of the pre-tax estate value as their fee, with this amount varying based on the estate value.

Navigating probate can be complex for executors. Not only can it take a lot of time, but it can also prove extremely stressful. Issues with selling property are perhaps among the most complex and time-consuming. At Sell House Fast, we offer a compassionate and quick alternative. We make selling a probate property easy by removing the delays and allowing executors to facilitate a seamless sale on terms that align with the wishes of the will and the executors. We buy any house, too, so regardless of condition, type or location, our team will be happy to make an offer.