What important factors should be considered when choosing who to appoint as executors?

When you are making or updating your will, one of the most important decisions you will make is who to appoint as your executors. Executors are the people who will deal with your estate after you die. They will be responsible for turning the wishes in your will into reality. This can be a big job. Choosing the right executors can make life much easier for your family at an already difficult time. Choosing the wrong people can cause delay, conflict and extra cost.

At Spall Clark Solicitors in Congleton, Cheshire, we specialise in wills, probate and all aspects of estate planning, and we regularly help clients decide who to appoint as executors.

What does an executor of a will actually do?

Before you decide who to appoint, it helps to be clear about what the role involves.

The legal and practical jobs your executors will handle

Your executors will usually be responsible for:

Locating your will and registering your death
Securing your property and important documents
Collecting information about your assets and debts
Applying for the grant of probate (where needed)
Paying funeral costs, debts and any Inheritance Tax due
Making sure legacies are paid to the right people
Distributing the rest of the estate in line with your will
Keeping clear records and accounts

In more complex estates, they may also need to:

Deal with property sales or transfers
Manage businesses or investments until they are sold or transferred
Handle foreign assets or cross‑border issues

Although solicitors can help executors with much of this, the legal responsibility rests with the people you name as executors in your will.

How long does the executor role last after you die?

Being an executor is not usually a “five‑minute” task. Even a straightforward estate can take many months to administer. More complex estates can take a year or more, especially where:

There are properties to sell
There is Inheritance Tax to pay
There are assets in more than one country
There are family disputes

When you choose your executors, you are asking them to take on a serious, sometimes lengthy commitment.

Key factors to think about when choosing your executors

There is no single “right” answer, but there are some key factors most people should consider.

Trust, reliability and family dynamics

Above all, you need executors who are:

Honest and reliable – someone who will keep proper records and follow your wishes
Organised – able to deal with paperwork and deadlines
Calm under pressure – probate can be stressful, especially if family members are grieving or disagreeing

Think about your family dynamics too. Appointing all your children as executors might feel fair, but if they do not get on, this can cause problems later. Sometimes it is better to:

Appoint one or two children and leave others as beneficiaries only; or
Appoint a mix of a family member and a professional to keep things balanced and neutral.

We regularly talk clients through these sensitive questions, helping them weigh up what will work best for their particular family situation.

Age, health, location and availability

Practical factors matter as well:

Age and health – It is sensible to choose executors who are likely to outlive you and be well enough to take on the role.
Location – Executors do not have to live nearby, but distance can make things more difficult, especially if there is a house to clear or sell.
Availability – Someone with a very demanding job or caring responsibilities may struggle to find the time.

You can appoint up to in a will, although two is often a good number in practice. We also recommend including at least one substitute executor in case your first choice cannot act when the time comes.

Should I appoint professional executors such as Spall Clark Solicitors?

As well as family or friends, you can appoint a professional executor, such as a firm of solicitors, either on their own or alongside a trusted family member.

When a professional executor is a good idea

Appointing a professional executor can be especially helpful if:

Your estate is complex. For example, you own a business, multiple properties, foreign assets or have significant investments.
You are concerned about Inheritance Tax and want to be sure everything is handled correctly.
There are potential family tensions. For example, blended families, second marriages or estrangements.
You do not have anyone you feel is suitable or willing to take on the role.
You want to lift the burden from your loved ones at a difficult time.

A professional executor brings experience, objectivity and continuity. Fees are paid out of your estate, not by the executors personally. As we charge fixed fees for Probate, we can also give an indication of the cost (based on our current fees) in advance so you can make an informed choice.

How Spall Clark Solicitors can support you in Congleton and beyond

We are specialist private client solicitors based in Congleton, Cheshire. We advise individuals, families and business owners on wills, powers of attorney, trusts, Inheritance Tax and probate, and we are known for giving clear, plain English advice.

When it comes to choosing executors of your Will, we can:

Help you decide who to appoint, weighing up the pros and cons of different options
Act as professional executors either on our own or jointly with your chosen family members
Guide your executors when the time comes, so they feel supported rather than overwhelmed

If you would like to explore appointing Spall Clark Solicitors as professional executors, we can discuss this as part of your will making appointment and clearly explain our fee charging structure.

What our clients say about us

“Knowledge and feedback regarding our concerns on our matter was outstanding”

“I would use Spall Clark Solicitors again and also recommend them. I was very grateful for their help and guidance”

In summary

Choosing your executors is about more than just writing a couple of names into your will. You are choosing the people who will carry out your wishes when you are no longer here.

A short conversation with a specialist solicitor can save your family a great deal of stress and uncertainty later. If you are thinking about making or updating your will, Spall Clark Solicitors in Congleton, Cheshire can guide you through your options and help you put the right executors in place.

Frequently Asked Questions

How many executors should I appoint in my will?

It depends on your circumstances but we would generally recommend one or two executors as well as appointing replacement executors.

Can my executor also be a beneficiary of my will?

Yes, a beneficiary can also be an executor.

What happens if an executor I have named in my will does not want to act?

If you know they do not wish to act, it may be wise to amend your Will to appoint somebody else. However, if you insist on appointing them, they do not have to act and have several options available as outlined in this article.

When is it sensible to appoint a professional executor instead of family or friends?

It depends on your circumstances but the general rule of thumb is that a professional executor is beneficial if you have a complex or valuable estate.

Can I change my executors later if my circumstances or relationships change?

Yes, this can be done via a codicil or a new Will. We always recommend reviewing your Will at least every three years and we offer a no charge Will review service for our clients.

Executor checklist – questions to ask yourself:

Have I understood what an executor actually does and how long the role can last?
Have I chosen people I trust, who are reliable and reasonably organised?
Have I thought about age, health, location and how available they are likely to be?
Have I considered how family dynamics might affect how well my executors work together?
Have I named substitutes in case my first‑choice executors cannot act?
Have I thought about whether a professional executor, such as Spall Clark Solicitors, might be helpful in my situation?
Have I taken advice from a specialist solicitor to make sure my will and executors are set up properly?

This article does not constitute legal advice and we recommend you take professional advice before taking any action.

Book an appointment

Our solicitors specialise in preparing Wills and can advise on all aspects of Will preparation such as who should be appointed as executors.

To book a free initial consultation, please call us on 01260 769 639. Our solicitors will be happy to meet you at our Congleton office or in your own home. Alternatively, meetings can be carried out online (e.g. via Teams).

Choosing Executors for Your Will