Do I need a Solicitor as my Executor?

The executor of a Will is in a position of responsibility.

It is the executor’s job to carry out the wishes expressed by a person before they died and to comply with any legal requirements, such as paying any taxes due on the deceased’s estate. While some aspects of this will be straightforward, it’s common for there to be legal, financial, and practical challenges along the way.

That said, there is no reason why a solicitor should be appointed as an executor in every case. Anyone over the age of 18 is eligible. They could be a family member or friend, or another professional such as an accountant. The important thing is that the people you name in your Will (it’s usually a good idea to have more than one executor) are up to the job.

But in the more complex situations, it can be worthwhile appointing an experienced Wills and probate solicitor. Complexities come in all shapes and sizes. Perhaps the estate is of particularly high value. Perhaps there are various creditors laying claim to a share of it. Perhaps there is an international dimension; overseas properties, for example. In these types of scenarios, it can help to have at least one legally qualified executor who understands the ins and outs of estate administration. It gives peace of mind that everything will be dealt with properly.

There is another reason why it can sometimes be a good idea to name a solicitor as an executor. The aftermath of a loved one’s death is a difficult time, on many levels. The last thing that most people in that position would relish taking on is the task of sorting out the deceased’s legal affairs. Similarly, where there has been a rift between relatives (or the reading of the Will is likely to lead to one), it can help if the executor is distanced from the family and can truly be said to be impartial.

Every situation is different, and your choice of executor should come down to one question: who do I trust to do the best job? It might be your cousin, your daughter, or your next-door neighbour. Or it might be a solicitor.

We’ll happily talk you through this, and all Will-related concerns and we guarantee that our advice will always be given with your best interests in mind.

Contact our Private Client Department today at 01264 353411, email: probate@bsandi.co.uk or fill in our no-obligation enquiry form on our website and we will be in touch shortly.