In our first guide we explained what is a Testator in a Will is and how to create a Testator when writing your Will with WeWill. In this guide, we will be looking at the role of an Executor of a Will and their duties.
What is an Executor of a Will
An Executor is a person who is responsible for administering the estate of the person who has died – or to put it another way, a person who is responsible for carrying out the wishes listed in a Will.
How Many Executors Do I Need?
You need at least one named Executor in your Will but you can have any number of people listed as Executors – although for practical purposes we wouldn’t recommend having more than five executors.
Let's look at the WeWill legal terms glossary to understand what a Executor is:
Executors are appointed by the Testator in their Will and are responsible for administering the deceased person’s estate. Personal representatives include executors. Executors can be family, friends or a trusted third-party.
Choosing Executors
Now we understand what Executors do, let’s think about how to choose suitable Executors. It’s worth giving this step some thought, as dealing with the administration of the estate can be a complex and time consuming commitment.
Let’s start off by suggesting people who are not suitable to be Executors.
Young children are not suitable. Executors in Scotland must be over 16 years old, and over 18 years old in England and Wales.
Anyone who is in prison will not have the ability to act as an Executor.
We suggest that you have at least two and no more than five Executors – any more than five can make it difficult for the Executors to coordinate with each other.
Who can be an Executor
A suitable person should be of sound mind to carry out the work involved. This is usually a family member or a trusted friend.
They should be trustworthy and up to the task of dealing with paperwork and communicating with the other people involved. Depending on their level of involvement, the role can involve many hours over several months, of emails, phone calls, reading documents and completing forms.
An Executor can be named in the Will as someone to receive money or property; this is quite common and is not a problem. In fact these are sometimes the best people as they have an interest in doing their job well.
Ideally a person who can work through any disagreements that may occur. Sometimes adding an odd number of executors or an impartial party can be useful, if you think there could be disagreements between the Executors.
Why do I need Executors
By having a Will in place, with named Executors, you will make the job easier for them. They will be following your instructions, instead of navigating complex legal rules when you die without a Will.
When you write your Will with WeWill, you can add a list of your assets. This does not form part of your Will document, but it does provide the Executors with an easy way to locate your assets. This could be bank accounts, items of value or stocks and shares, social media accounts, etc.
What happens if an Executor dies
When you write a Will online, you can choose to name a substitute person to take over the role of Executor if the named Executor dies before the Testator. This is a good idea when you only have a small number or people named. When writing your Will with WeWill, you can name a substitute for each named Executor.
Now that we understand what an Executor does and how to choose suitable people, let’s take a look at how you add Executors when you make an online Will.
1. Getting Started
You will need to register for an account or login with WeWill.
Once you have logged in using your email and password, and you have completed the Testator details, you will see the steps that need completing. The next step is to add the Executors information.
Let’s use the Add Executor button to begin.
2. How to enter the Executor details
Start by entering the Executor's full name into the name fields. Next enter their address into the Contact details.
The UK Address Search field at the top will help you find the address quickly and automatically enter the details into the correct fields. Otherwise you can enter the address fields manually.
As with the Testator step, this step has a friendly Quick Guide with helpful information explaining the process if you are unsure.
3. Review your Executor details
Once you are happy the details are correct, use the Save and Continue button to move on to the review page. The details are now securely stored and are displayed for you to review, before moving on to the next step.
If you need to change any of the details, simply use the Edit details button to make changes.
4. Adding a Substitute
You can choose to add a substitute on the review page using the Add Substitute button.
The process of adding a substitute is exactly the same, just add the Substitute Executor's full name into the name fields. Next enter their address into the Contact details. And finally Save and Continue.
If you need to change any of the details, simply use the Edit details button to make changes. Otherwise use the Continue button to move to the next step.
5. List of Executors
Once you have entered any Executors, you can view them as a list with their substitutes. On this page you can update any of the people’s details, or remove them from Your Will using the delete option.
All of the information about the Executors is securely stored and you can revisit this step to make any changes in the future.
Wrapping up
The Executors are people you name in your Will to carry out the work of dealing with your estate after you die. The commitment of the role requires a person who has the capacity and time to carry out the work, which can take several months. Usually a family member or a trusted friend is a good choice.
It is recommended to add more than one Executor and if you think there could be any disagreements, you can add an odd number of them.
If an Executor dies before the Testator, the substitute would take over their role.
The process of adding an Executor to your Will:
- Register or login to your account
- The second step highlighted is to add the Executors
- Add the Executor's name
- Enter your address using the search field or enter the address manually
- Save and Continue to review their details
- Choose to include a substitute Executor using the Add Substitute button
- Edit or remove an Executor from the List of Executors
We also provide a Help Centre with comprehensive guides for writing your Will and other important information about your account, steps after completing your Will and more.
