Being named as an executor in a Will can feel daunting. In addition to the grief of losing a loved one, you are then responsible for securing the assets and administering the estate.
Whilst this task may at first seem simple, often complexities arise, and executors must administer the estate efficiently while complying with their legal duties.
In this article, our Wills, Trusts and Probate lawyers explore the key duties of executors and trustees, the risks associated with these roles, and the practical steps that can be taken to protect your estate and minimise the potential for disputes.
What is an Executor?
An executor is someone who is appointed to administer the estate and carry out the wishes of the deceased.
The executor may be a trusted friend or family member of the deceased, or the Will may appoint a professional executor, such as a Trust Corporation.
We often see matters which illustrate the importance of choosing the right executor.
For example, certain family dynamics may make some individuals unsuitable to serve as an executor if there are strained or unstable relationships among the other executors and/or beneficiaries.
In instances like this, appointing a neutral third-party professional executor would be beneficial, as they would act impartially in estate administration, preventing conflict and safeguarding fair distribution of the estate.
Executor Responsibilities
An executor is required to administer an estate and protect estate assets for the beneficiaries.
Executors are legally obliged to act in accordance with the deceased’s wishes as set out in their will.
The most important duties of executors are:
- To collect and preserve estate assets
- Identify and pay estate debts and taxes
- Distribute the estate according to will or intestacy rules
- Exercise reasonable care and skill
- Keep estate money separate from personal funds
- Comply with statutory deadlines for tax and estate administration milestones
If an executor breaches their fiduciary duties by using the estate funds for their own personal gain, failing to progress the administration of the estate for a prolonged period without a justifiable reason for doing so or if their personal interests clash with their duties to the beneficiaries, then the court could intervene and remove the executor. Such intervention highlights how seriously the law treats the role and responsibilities of executors.
Blended Families & Estate Planning
In modern society, blended families are increasingly common, and as family dynamics evolve, it is vital to carefully select executors and put appropriate estate planning in place during your lifetime.
When children from earlier relationships and new spouses are brought together, clarity becomes essential. A lack of clear guidance may lead to difficulties, particularly if executors fail to comply with their duties.
For example, Mr Smith dies leaving a Will appointing his second wife, Mrs Smith as his sole executor. His Will provided a legacy of £100,000 to Mrs Smith and then the residue of his estate is to be divided equally between his two adult children from his first marriage.
His estate includes a property worth £500,000 and savings of £150,000. Mrs Smith decides to sell Mr Smith’s property to a friend at below market value for £300,000, as she wanted a ‘’quick sale’’, and refuses to provide Mr Smith’s children with the estate accounts.
By selling the property for substantially below the market value, Mrs Smith has failed to act in the best interests of all beneficiaries as this would decrease the value of Mr Smith’s estate that would be distributed between his children.
Mrs Smith would also be in breach of her duty to keep accounts and provide financial information about the estate assets to the beneficiaries.
These risks can often be mitigated by appointing a neutral or independent executor, such as a solicitor or a Trust Corporation, who will act impartially in estate administration. These duties become particularly important in more complex family structures.
Trusts and Control Beyond the Grave
Instead of making outright gifts in his Will, using a trust may have been more suitable for Mr Smith’s circumstances.
Trusts can be used to protect assets and ensure that they are distributed in accordance with your wishes following your death.
Trustees have a duty to act within the powers given to them within the trust provisions and the law. Trustees should therefore only act within the powers given to them. If a trustee acts outside these powers, their action may be declared void, or they may be liable to the beneficiaries for any loss resulting.
Who you appoint as trustees will depend on the circumstances and your reasons for the trust. You should consider whether the individuals will be able to act impartially whilst exercising good judgment before appointing them as trustees.
With a discretionary trust, the trustees have complete discretion to distribute income and/or capital to any potential beneficiary at any time. This discretion is often guided by a letter of wishes which provides context to your trustees. You should therefore ensure that you can trust your trustees to act in accordance with your wishes.
A life-interest trust would provide income to the surviving spouse from the estate, or they would have use of an asset, such as the family home, until their death. When the surviving spouse dies, the remaining estate would pass to the deceased’s children from their first marriage.
In Mr Smith’s estate, a trust could have been used to protect the inheritance for his children whilst making provision for Mrs Smith during her lifetime. This would have separated the control of the assets from an individual’s right to benefit from them.
Final Considerations
Choosing the right executors, anticipating complex family dynamics and putting protective structures in place will minimise potential conflict and ensure that your estate is administered smoothly.
Careful planning is not about distrust.
It about safeguarding assets for your loved ones and ensuring that your wishes are carried out exactly as intended – even when you are no longer there to enforce them.
Contact Our Wills, Trusts and Probate Team
Our experienced Wills, Trusts and Probate team can advise on all aspects of estate planning, including drafting Wills, establishing trusts, appointing suitable executors and trustees, and reviewing existing arrangements to ensure they remain effective.
If you would like advice on protecting your estate and safeguarding your family's future, please contact our Wills, Trusts and Probate lawyers today.
0161 941 4000
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Gracie Springthorpe
Solicitor Apprentice
Gracie joined Myerson Solicitors as a Solicitor Apprentice in 2024 after completing her A Levels at Sir John Deane’s Sixth Form College, where she studied Chemistry, English Literature and Politics.
During her 6 year apprenticeship she will progress through legal and non-legal departments, whilst studying part time with BPP Law School before qualifying as a solicitor in 2030.
Gracie is currently undertaking her second seat within the Wills, Trusts and Probate Department, which she started in September 2025.
About Gracie Springthorpe