What does an executor actually do?

When you make a will, you appoint one or more executors — the people legally responsible for administering your estate after you die. They are not beneficiaries by virtue of the role (though they can also be beneficiaries, and often are). They are the people the law turns to when probate is needed and the people the bank, the Land Registry, HMRC and your family will all deal with. Choosing them carelessly is one of the most common mistakes we see in DIY wills.

What the job actually involves

In a straightforward estate, the executor's job runs through five rough stages: registering the death and obtaining the death certificate; locating and securing the assets (bank accounts, the home, pensions, investments); applying to the Probate Registry for the Grant of Probate; using the Grant to collect the assets, pay any inheritance tax due, and settle the deceased's debts; and finally, distributing the remainder to the beneficiaries named in the will. The whole sequence typically takes between six and twelve months, though complicated estates can run for years.

How many executors should you appoint?

You can appoint up to four executors who are able to act at the same time. We recommend two. One is risky — if they predecease you, lose capacity, or simply refuse the role, your estate goes to whoever is next in the statutory order. Two creates a check on each other and lets the work be shared. More than two often slows everything down, because every signature needs every executor.

Who should you choose?

Three qualities matter, in order: trustworthiness, willingness, and practical competence. The role gives the executor near-total temporary control of your assets, so they must be someone you trust without reservation. They must actually agree to do the job — appointing your sister without telling her is unkind and inefficient. And they need to be capable of dealing with paperwork, banks, and (sometimes) lawyers. They do not need to be financially sophisticated; they just need to be capable of asking for professional help when they need it.

Family member, friend, or solicitor?

There is no single right answer. A close family member who is also a beneficiary often makes the most natural executor — they have skin in the game and a personal interest in winding things up properly. A trusted friend works well where family relationships are complicated. A professional executor (typically a solicitor) is the right choice for very large or complex estates, or where there is real risk of family conflict — but their fees can be substantial (often charged as a percentage of the estate, sometimes 1–4%) and the appointment is permanent unless they renounce.

What an executor cannot do

An executor cannot ignore the will. They cannot give your assets to people you didn't name. They cannot refuse to distribute to a beneficiary they disapprove of. They cannot pay themselves a fee unless your will expressly authorises it (or they are a professional whose terms you accepted). They are a fiduciary — they hold your estate on trust for the beneficiaries, and the courts take that obligation seriously.

What if your chosen executor dies, refuses, or can't act?

If you have appointed a substitute (which Velati does as standard for any sole executor appointment), the substitute steps in. If you have not, the role passes by the rules in the Non-Contentious Probate Rules 1987 — typically to the principal beneficiary. This is rarely what people want and is one of the strongest arguments for naming substitutes explicitly in the will.