Writing a will is one of those jobs that sits on the to-do list for years, then suddenly feels urgent. Most people focus their energy on deciding who gets what. Far fewer stop to think carefully about who will actually make that happen. Choosing an executor is arguably just as important as deciding on your beneficiaries, because this is the person (or people) who will be legally responsible for administering your estate after you’re gone – paying debts, dealing with property, and distributing everything according to your wishes.
It sounds simple in theory. In practice, it can be one of the more overlooked decisions in the whole will-writing process, and getting it wrong can lead to real strain on the people you leave behind. At Family Lawyers Glasgow, part of Complete Clarity Solicitors’ Family Law Team, we speak to clients regularly who assumed the “obvious” choice – an eldest child, a spouse, a close sibling – was automatically the right one, without really weighing up what the role involves. This article looks at what an executor actually does, what to consider when you choose an executor, and when it might be worth appointing a professional executor instead. If you’re partway through writing your will and unsure where to start, our team is always happy to talk it through with you.
What Does an Executor Actually Do?
An executor is the person given legal responsibility for winding up an estate after someone dies. That covers a surprising amount of ground. The executor is responsible for locating and valuing all assets belonging to the deceased person, settling any debts or taxes owed, and eventually distributing the estate to the beneficiaries named in the will. In many cases, this also means applying to the sheriff court for confirmation – the Scottish equivalent of probate – which gives the executor legal authority to deal with banks, the Registers of Scotland, and other institutions holding the deceased’s assets and money.
This isn’t a role that starts and finishes in an afternoon. Administering an estate typically involves a lot of work, and depending on its size and complexity, winding up an estate can take anywhere from 9-12 months, sometimes longer if there are disputes among beneficiaries or complications with property. A chosen executor will need to gather paperwork, obtain a certificate of confirmation where required, deal with inheritance tax if it applies, and keep accurate records throughout. For a small estate this might be relatively straightforward. For a large estate with multiple properties, business interests, or beneficiaries scattered across different countries, it can become a genuinely demanding administrative burden.
It’s also worth saying plainly: an executor must act in the best interests of the estate and its beneficiaries, not their own. They have a duty to administer the estate honestly and diligently, and they can be held responsible for any mistakes that cause loss to the estate. That’s a meaningful legal and personal responsibility to hand someone.
So, How Do You Choose an Executor?
There’s no single “correct” answer here – it depends on your family, your assets, and frankly, your gut instinct about who can handle pressure without falling apart. But a few things are worth thinking through properly rather than defaulting to whoever comes to mind first.
Trust is the starting point. You need to choose someone you trust implicitly, because your executor will have access to your financial information, your property, and often quite sensitive family matters. This is usually a spouse or civil partner, an adult child, or another close family member – but trust alone isn’t quite enough. Your executor also needs a reasonable level of organisational ability and, ideally, the emotional resilience to deal with grief and paperwork at the same time. That combination doesn’t always land on the person who seems the “natural” choice.
It’s also sensible to think about a backup executor in case your first choice is unable or unwilling to act when the time comes – through ill health, having moved abroad, or simply not feeling up to it. Many wills name an odd number of executors, often to help avoid a stalemate if decisions need a majority view rather than unanimous agreement, though for most people a single executor with a named backup works perfectly well. If you’re naming more than one, think about whether they get on. Executors who don’t communicate well can slow everything down and, in the worst cases, lead to real friction between family members at an already difficult time.
When Should You Use a Solicitor as Executor?
This is a question we get asked often, and there’s genuinely no universally right answer. For a modest, uncomplicated estate – a house, some savings, a small number of beneficiaries who all get along – a family member acting as an executor is usually fine, particularly if they’re willing to take legal advice along the way. For anything more complex, though, it’s worth pausing to consider appointing a professional executor.
Solicitors offer a level of experience and neutrality that can be genuinely valuable, especially where an estate includes business assets, trusts, property in England and Wales as well as Scotland, or beneficiaries who don’t get on. Appointing a professional executor also takes the emotional weight off a grieving relative who might otherwise be expected to manage legal deadlines and financial paperwork in the middle of a bereavement. It’s not about mistrust of family – it’s about recognising that dealing with an estate can be genuinely difficult even for capable, well-organised people.
There’s a cost consideration too, and it’s fair to be upfront about it: a solicitor to help administer an estate isn’t free. But for many families, the peace of mind and reduced risk of costly errors more than justifies it, particularly where inheritance tax or contested legal rights are involved. If you’re unsure whether your estate needs that level of support, it’s worth a conversation – Family Lawyers Glasgow can talk you through what estate administration services would actually involve for your specific circumstances, with no pressure either way.
What Happens If You Don’t Choose an Executor?
If you die without a will – known as dying intestate – or your will fails to name a valid executor, the court will need to appoint an executor on your behalf, usually a close relative, through a formal application process. This is where things often slow down considerably. Without clear instructions, working out who has priority to act, and proving that to the court’s satisfaction, can lead to delays that a properly drafted will would have avoided entirely.
This is really the heart of why choosing an executor matters so much: it ensures that your estate is dealt with by someone you actually chose, rather than whoever the rules of intestacy happen to select. A valid will, with a clearly named executor, provides peace of mind – both for you, knowing your wishes are carried out the way you intended, and for your family, who won’t be left guessing or arguing about who’s “in charge” during an already emotional time.
A Few Practical Points Worth Knowing
Once you’ve decided who to appoint, some practical odds and ends catch people out. Your solicitor will usually keep the original signed will and give you a copy for your own records – that way there’s no risk of it being lost or damaged at home. It’s also worth mentioning powers of attorney at this stage, since these are a separate but related piece of planning: while a will only takes effect after death, powers of attorney allow someone you trust to manage your affairs if you lose capacity while you’re still alive. Many clients arrange both at the same time, since it makes sense to think about the whole picture of estate planning together rather than in separate steps.
If cost is a concern, it’s worth knowing that legal aid may be available for certain aspects of estate and family law matters depending on your financial circumstances, and organisations like Citizens Advice can offer general guidance if you’re not yet ready to consult a solicitor. And if you ever have concerns about a solicitor’s conduct, the Law Society of Scotland and the Scottish Legal Complaints Commission are there to help – though in our experience, most issues come down to simple miscommunication that a phone call resolves quickly enough.
Choosing the right executor isn’t something to rush through in the last five minutes of drafting your will. It deserves a proper conversation – with yourself, with your family, and ideally with someone who can walk you through what the role really involves. If you’re weighing up your options, or simply want a second opinion on a decision you’ve already leaned toward, get in touch with Family Lawyers Glasgow. We’re happy to discuss your options, answer the awkward questions you might feel silly asking, and help make sure your estate ends up exactly where – and with whom – you intended.
