You can appoint anyone you trust completely as your executor: a family member, a friend, or a professional such as a solicitor or trust corporation. One executor can act alone, and up to four can take out probate together.
Choose someone you trust completely
Being an executor is a strict legal duty, and it can be complicated and time-consuming. Your executors will value and keep track of everything you own, look after your property, deal with HMRC, sell assets where needed, apply for probate and make sure your wishes are carried out. See what does an executor do?
How many executors should I appoint?
- One is enough. A single executor can act alone and take out probate.
- Two is often sensible. They share the work, and one can carry on if the other cannot act.
- Four is the most. Probate cannot be granted to more than four people for the same part of an estate (Senior Courts Act 1981, s.114).
If your will may create a trust, for example because a beneficiary is under 18, think about appointing two executors or a trust corporation. Where a trust holds land, sale money must normally be paid to at least two trustees or a trust corporation (Trustee Act 1925, s.14).
Lay executors
A lay executor is a friend or family member. They are not paid for acting, although they can claim reasonable expenses from the estate.
Professional executors
A professional executor can be a law firm, an accountant or a trust company. They charge the estate for their work. Depending on how complex your estate is, and how confident your executors are with money and paperwork, this can be a sensible investment that saves time and money. Digilegal Trustees acts for a fixed fee.
Common questions
Can I appoint only one executor?
Yes. One executor can act alone and take out probate. Appointing a second, or a reserve, helps if your first choice cannot act.
Can I name a company as my executor?
Yes. You can name a firm or a trust corporation, such as Digilegal Trustees, on its own or alongside someone you know.