What is the role of executors and trustees in a UK Will?

Last verified: 10 August 2025 (England & Wales)

When you make a Will, you’re deciding who will carry out your wishes and, where a trust is created, who will look after assets for your beneficiaries. These people are your executors (who wind up the estate) and your trustees (who manage trust assets, sometimes for years).

This guide gives you the quick essentials first, then a practical step-by-step checklist, followed by real-world examples, FAQs, and technical notes.

Quick-read summary (plain English)

• Executors: collect assets, pay debts and taxes, then distribute your estate according to your Will.
• Trustees: manage any assets placed in trust (by your Will or during life) for named beneficiaries.
• Numbers that work: you can name several people, but only up to four can act together at one time. Always include substitutes.
• Pick for reliability: choose people who are organised, trustworthy, and able to work together.
• Legal duties: executors must administer the estate “according to law”; trustees owe a duty of care, must invest sensibly, and keep records.

Practical checklist 📝

1) Find the Will (and any Letter of Wishes) 📄

Confirm the latest Will, who the executors are, and whether the Will creates a trust. Check for a Letter of Wishes (e.g., funeral preferences or guidance for trustees).

2) Secure property and arrange the funeral

Insure vacant property, safeguard valuables, take meter readings, and arrange the funeral in line with wishes.

3) Value the estate

List and value all assets and debts: property, bank/investment accounts, pensions, business interests, premium bonds, vehicles, and personal items; plus mortgages, loans, cards, utilities, and care fees. These figures underpin inheritance tax (IHT) reporting.

4) Choose the probate route and apply for the Grant

Most estates require a Grant of Probate (or Letters of Administration if there’s no Will). Some small estates can be released without a grant depending on the institutions’ limits.

5) Settle taxes, debts, and expenses

Complete the correct IHT paperwork, pay any IHT due, and settle other liabilities and administration costs before distributing gifts. Consider nil-rate bands, transferable allowances, and reliefs where relevant.

6) Distribute gifts and the residue

Pay specific legacies first; then distribute the residue in the shares the Will sets out. You may need to sell assets to raise cash or transfer assets to beneficiaries. Keep clear records and obtain receipts.

7) If a trust arises, transfer assets to the trustees

Executors pass the relevant assets to the trustees once the estate stage for those assets is complete.

8) Trustees set up the trust administration 📁

Open a trust bank/investment account, adopt a simple investment policy aligned to the trust’s purpose and time horizon, minute decisions, and keep tidy records.

9) Trustees manage and review

• Apply the standard investment criteria (suitability & diversification).
• Take proper advice unless reasonably unnecessary.
• Register on HMRC’s Trust Registration Service (TRS) where required and keep details current.
• File any necessary trust tax returns and make distributions fairly and transparently.

Choosing executors & trustees (what to consider)

• Family or friends: know your wishes; may face emotional pressure or conflicts.
• Professionals/trust corporations: objective and experienced; charge fees.
• Mix & match: a trusted family member plus a professional can be a good balance.
• Practicalities: ability to cooperate, availability, proximity, age/health, and potential conflicts (e.g., spouse as sole trustee and main beneficiary).
• Business assets: consider naming business executors/trustees with relevant expertise.

How this works in real life

1) Executor deadlock slows everything down

Two siblings were named executors. One wanted to sell the house immediately; the other preferred to wait for better market conditions. Because executors generally must act together, the disagreement stalled the sale and added months to the timeline. A neutral co-executor or tie-break mechanism could have reduced friction.

2) Sensible trustee process for grandchildren

A Will created a discretionary trust for grandchildren’s education. Trustees opened a trust account, registered on TRS, set a simple investment policy focused on steady growth, sought advice, and minuted decisions. This allowed timely help with school fees and created a defensible audit trail.

3) Avoiding conflicts when a spouse is a beneficiary

A life-interest trust gave a surviving spouse the right to income for life, with capital to the children later. Adding an independent co-trustee alongside the spouse helped balance day-to-day flexibility with long-term fairness to the children.

FAQs

Can a beneficiary also be an executor or trustee?

Yes. It’s common in family Wills. They must still act impartially and follow their duties.

How many should I appoint?

Two is practical in most cases. Up to four can act together on the same part of the estate.

Can an executor step back if they don’t want the role?

Yes—provided they haven’t already started acting. They can renounce or have power reserved so others take the lead.

Do all trusts need to register with HMRC?

Not all, but many do—especially if taxable. Trustees should check the current TRS rules and deadlines for their trust type.

Is it wise for my spouse to be the sole trustee where they’re also the main beneficiary?

It can create conflicts and practical risks. Adding at least one independent co-trustee is usually safer.

Can I appoint different people for business interests?

Yes. You can name business executors/trustees with relevant expertise to handle company assets.

Optional Technical Notes (For those who want the detail…)

• Executors (personal representatives) administer the estate “according to law,” which includes collecting assets, paying debts and taxes, and distributing in line with the Will. Multiple executors generally act unanimously unless the Will provides otherwise. Lay executors may claim reasonable expenses; charging for time requires an express clause.
• Probate provides authority to deal with the estate. The precise forms and processes depend on the estate composition and tax position.
• Trustees operate under the Trustee Act 2000 (duty of care; standard investment criteria: suitability & diversification; periodic review; and the need to take proper advice unless reasonably unnecessary). Trustee appointment/retirement routes are in the Trustee Act 1925 and the trust terms. Where land is held, ensure the trustee headcount is compliant.
• HMRC: many trusts must be on the Trust Registration Service (TRS) and may have ongoing income tax/CGT obligations (and, for certain trusts, periodic/exit charges).
• Marriage/Divorce effects: marriage/civil partnership can revoke a Will unless made in contemplation of that marriage; divorce/dissolution typically treats the ex-spouse/civil partner as having predeceased for gifts/appointments unless the Will says otherwise.
• Numbers: any number may be appointed overall, but only up to four can act on the same part of the estate at once.

Next steps

If you’re unsure who to appoint—or whether your current choices still fit your circumstances—Fern Wills & LPAs can help you weigh the options, set clear powers and safeguards in your Will, and support executors and trustees with the practical steps.