Yes, a solicitor can be appointed as an executor of a will. In some estates, choosing a solicitor can provide valuable reassurance that the legal, tax and administrative responsibilities will be handled professionally. However, appointing a professional executor is not always necessary, and the potential costs should be considered alongside the benefits. An executor is responsible for administering a person's estate after death. This can involve locating and valuing assets, paying debts, dealing with inheritance tax, applying for probate and distributing the remaining estate to beneficiaries. Executors are legally responsible for the estate from the date of death until the administration has been completed. The role can be straightforward where an estate is small and family relationships are cooperative. However, estates involving property, trusts, businesses, overseas assets, inheritance tax or potential disputes may require more specialist knowledge. Understanding when to appoint a solicitor as executor can help you make an informed decision when preparing your will.
An executor is a person appointed in a will to deal with the deceased person's estate. Their authority comes from the will, although they may need to obtain a Grant of Probate before banks, investment providers and other organisations will release or transfer certain assets.
The executor must identify everything the deceased owned and owed, establish whether inheritance tax or other taxes are payable, settle valid debts and distribute the remaining estate according to the will. They must also keep clear records of how the estate has been managed.
Executors are known as personal representatives. Where someone dies without a valid will, or leaves a will but no executor is able or willing to act, the person entitled to administer the estate is instead known as an administrator. An executor's authority derives from the will and exists from the date of death, whereas an administrator has no authority to act until the grant of representation is issued. Although the source of their authority differs, executors and administrators have broadly similar estate administration responsibilities once appointed.
A will can appoint a solicitor, another professional, a family member, a friend or a combination of people as executors. There is no requirement for an executor to be related to the person making the will.
Some people appoint a specific solicitor by name. Others appoint the partners or directors of a particular law firm. A further option is to appoint a trust corporation, a corporate body that continues to exist regardless of changes in personnel. This avoids the difficulties that can arise when a named individual retires, moves firms or dies, and a trust corporation can also act alone where a minor is entitled. The wording should be drafted carefully so that the appointment remains workable if an individual solicitor retires, moves firms or is unable to act when the time comes.
Appointing a solicitor does not mean that family members are excluded from the estate administration process. A solicitor can act alongside a family member as a co-executor, allowing personal knowledge of the deceased and their family to be combined with professional legal experience.
One of the main reasons to appoint a solicitor is the complexity of the executor's role. Estate administration can involve probate law, inheritance tax, income tax, capital gains tax, property transactions and duties owed to beneficiaries and creditors.
A solicitor acting as executor can take responsibility for managing these issues and ensuring that the correct legal procedures are followed. This may be particularly helpful where the person making the will believes that relatives would find the role difficult, stressful or time-consuming.
Professional independence can also be valuable. If there are strained family relationships or a risk of disagreement between beneficiaries, an independent executor may be better placed to make decisions impartially. The solicitor must administer the estate according to the will and the law rather than favouring one family member over another.
A solicitor may also provide continuity. Family members may be dealing with grief, work commitments, ill health or geographical distance. A professional executor can manage the process without relying on relatives to carry out unfamiliar administrative and legal tasks.
Appointing a solicitor may be especially appropriate where the estate is likely to be complex. This could include an estate containing business interests, trusts, agricultural assets, overseas property or a substantial investment portfolio.
Professional support can also be useful where inheritance tax is likely to be payable or specialist reliefs may need to be considered. Executors may be required to report estate values, pay liabilities and deal with tax arising during the administration period, including tax on estate income or gains.
A professional executor may also be suitable where beneficiaries are under 18, vulnerable or unable to manage their own financial affairs. Where a beneficiary is a minor, a sole personal representative cannot usually give a valid receipt for that beneficiary's share, so at least two personal representatives or a trust corporation may be required. Estates involving long-term trusts can place responsibilities on trustees for many years, making experience and continuity particularly important.
There may also be value in appointing a solicitor where there is a realistic risk of a will dispute, an Inheritance Act claim or disagreement about property and personal possessions. Although appointing a solicitor cannot prevent a dispute, it can provide an independent and structured approach to protecting the estate.
Yes. A solicitor can be appointed together with one or more family members or trusted friends. This arrangement can provide a useful balance. The family executor may understand the deceased person's relationships, possessions and wishes, while the solicitor can manage the technical legal and tax aspects of the estate.
Co-executors generally need to cooperate on important decisions. If several executors are appointed, they must decide who will be included in the probate application. Up to four executors can be named on an application for probate. An executor who does not wish to apply immediately may be able to have power reserved, preserving their right to become involved later.
Care should be taken when appointing several people who may not work well together. Too many executors, or executors with conflicting views, can make administration slower and more difficult.
A solicitor acting in a professional capacity will normally charge for the work involved in administering the estate. This differs from a family member or friend, who is not usually entitled to payment unless the will specifically authorises it, although reasonable expenses can generally be reimbursed.
Professional executor fees are usually paid from the estate rather than personally by the beneficiaries or other executors. However, the fees reduce the amount ultimately available for distribution. The cost will depend on factors such as the size and complexity of the estate, the work required, the number of assets, the tax position and whether disputes arise. It is therefore important to understand how the solicitor or firm will charge before including a professional appointment in a will.
Cost should not be considered in isolation. A professionally administered estate may reduce the risk of tax errors, missed debts, incorrect distributions and personal liability. However, where an estate is straightforward and trusted relatives are capable of acting, appointing a solicitor as executor may not always be necessary.
A solicitor does not need to be named as an executor to help administer an estate. Family members appointed under the will can instruct a solicitor after the death to provide as much or as little assistance as they require.
For example, a solicitor may handle only the probate application and inheritance tax reporting, leaving the executors to collect assets and distribute the estate. Alternatively, the executors may ask the solicitor to manage the entire administration process.
This can provide greater flexibility. The family remains formally responsible as executor but has access to professional support where needed.
Official guidance recognises that personal representatives can obtain legal assistance, particularly where an estate has substantial assets or includes trusts and other complications.
The right approach will depend on the estate, the abilities of the proposed executors and how much responsibility they are comfortable accepting.
A solicitor appointed in a will is not necessarily required to take on the role. If they are unable or unwilling to act, they may be able to renounce their appointment before becoming involved in administering the estate.
Renunciation is generally permanent.
Executors who wish to preserve the option of acting later may instead have power reserved where another executor is applying. The correct approach will depend on how the executors were appointed and whether they have already taken steps in the administration.
Special forms and procedures may apply where a law firm's partners, members, shareholders or directors have been appointed as professional executors.
Once an executor has begun dealing with the estate, stepping down can become more difficult. This is sometimes described as having intermeddled in the estate. Professional advice should therefore be taken before carrying out any executor duties if there is uncertainty about accepting the appointment.
The main disadvantage is cost. Professional executor fees are paid from the estate and may be higher than the cost of appointing a solicitor only for selected parts of the administration.
A professional executor may also have less personal knowledge of the deceased and their family than a relative or close friend. Decisions about personal possessions, funeral wishes or communication with beneficiaries may therefore feel less personal.
There can also be less flexibility if the appointment names a particular individual or firm in a way that becomes unsuitable over time. A carefully drafted will should allow for changes within the firm and provide alternative executors if the professional appointment cannot take effect.
These disadvantages do not mean a solicitor should not be appointed. They simply highlight the importance of considering whether a professional executor is proportionate to the likely needs of the estate.
The right executor should be trustworthy, organised, willing to act and capable of handling financial and legal responsibilities. They should also be able to communicate clearly with beneficiaries and remain impartial if disagreements arise.
Before appointing someone, it is sensible to discuss the role with them. An executor can decline the appointment after death, so confirming that they are prepared to act can reduce uncertainty.
You should also consider appointing substitute executors in case your first choices die, lose capacity or are unwilling to act. Reviewing your will regularly helps ensure the appointments remain practical and appropriate. For some people, the best arrangement will be a trusted family member. For others, a solicitor or a combination of professional and family executors will provide greater confidence.
A solicitor can be appointed as an executor and may be particularly valuable where an estate is complex, taxable, disputed or likely to place a significant burden on family members.
The advantages include legal expertise, independence, continuity and reduced pressure on relatives. However, professional executor fees will usually be paid from the estate, so the potential cost should be considered carefully.
It is also possible to appoint family members as executors and allow them to instruct a solicitor after death. This can provide professional support without making the solicitor responsible for every aspect of the estate from the outset. There is no single arrangement that is suitable for everyone. The decision should reflect the complexity of the estate, family circumstances and the abilities of the people being considered.
At Premier Solicitors, our private client team advises individuals on choosing executors, preparing wills and planning for the future administration of their estates.
We can explain the differences between appointing family members and professional executors, help structure appointments appropriately and ensure that substitute arrangements are included where needed.
Our probate specialists also support existing executors with Grant of Probate applications, inheritance tax, estate accounts and full estate administration, providing practical guidance according to the complexity of the estate.
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