Executor of a Will — Your Questions Answered
Can an executor be a beneficiary? Can they take everything? How many executors do you need? This guide answers the most common questions about executors in England and Wales.
Key Points at a Glance
- Yes — an executor can also be a beneficiary. This is very common.
- No — an executor cannot take everything. They must follow the will.
- No — an executor cannot change a will after the testator dies.
- You should appoint at least two executors in your will.
- An executor who misappropriates estate assets can be held personally liable.
- A solicitor can be appointed as executor for complex estates.
What Does an Executor Do?
An executor is responsible for administering the estate after death — collecting assets, paying debts, and distributing the estate to beneficiaries in accordance with the will.
Locate and register the death
Obtain the death certificate and register the death within 5 days in England and Wales.
Find and value the estate
Identify all assets and liabilities — bank accounts, property, investments, debts — and obtain valuations.
Apply for probate
Apply to the Probate Registry for a Grant of Probate, which gives legal authority to administer the estate.
Pay debts and taxes
Pay all outstanding debts, funeral expenses, and any inheritance tax due before distributing the estate.
Distribute the estate
Transfer assets to beneficiaries in accordance with the will, obtaining receipts from each beneficiary.
Keep accounts
Maintain clear records of all transactions and provide estate accounts to beneficiaries on request.
Can an Executor Be a Beneficiary? Yes — and It Is Very Common
There is no rule in England and Wales preventing an executor from also being a beneficiary. In fact, the majority of wills appoint a spouse, adult child, or close friend as both executor and beneficiary. The executor simply has a duty to administer the estate fairly — including paying themselves their own inheritance in accordance with the will.
An Executor Cannot Change the Will
An executor has no power to alter the terms of a will after the testator has died. The will is a fixed document. If the beneficiaries wish to redirect their inheritances, they can do so collectively using a deed of variation — but this requires the consent of all affected beneficiaries, not just the executor.
Learn about deeds of variation →Frequently Asked Questions About Executors
Can an executor of a will also be a beneficiary?
Yes — an executor can also be a beneficiary under the will. This is extremely common in practice. Many people appoint a spouse, adult child, or close friend as both executor and beneficiary. There is no legal prohibition on this in England and Wales. The executor's duty is to administer the estate in accordance with the will — including paying themselves their own inheritance.
Can the executor of a will take everything?
No. An executor has a legal duty to administer the estate in accordance with the will. They cannot take assets for themselves beyond what the will entitles them to. If an executor misappropriates estate assets, they can be held personally liable and removed by the court. Executors are in a position of trust — they are fiduciaries, and any breach of that duty is a serious legal matter.
Can an executor change a will?
No — an executor cannot change a will after the testator has died. The will is a fixed document. However, the beneficiaries of an estate can collectively agree to redirect their inheritances using a deed of variation — but this requires the consent of all affected beneficiaries, not just the executor. An executor acting alone has no power to alter the terms of a will.
Can an executor benefit from a will?
Yes — an executor can benefit from a will if they are also named as a beneficiary. Being an executor does not disqualify someone from receiving a gift under the will. However, an executor who is also a beneficiary must still act impartially in administering the estate and cannot favour their own interests over those of other beneficiaries.
Do you need an executor for a will?
Yes — every will should appoint at least one executor. The executor is the person with legal authority to administer the estate after death. Without an executor, the estate cannot be administered until the court appoints an administrator. If you have not appointed an executor in your will, or if your executor has died or is unable to act, a solicitor can apply to the court for letters of administration.
How many executors do you need for a will?
You can appoint one or more executors in your will. Most people appoint two executors — often a spouse or partner and an adult child, or two adult children. Appointing two executors provides a safeguard if one dies or is unable to act. You can appoint up to four executors, though more than two is rarely necessary. We recommend appointing at least two.
What happens if there are 3 executors of a will?
If there are three executors, all three have equal authority to administer the estate. In practice, they must act together — decisions should be made jointly, and all three should sign documents where required. If the executors disagree, they may need to apply to the court for directions. Having three executors can sometimes cause practical difficulties, which is why most people appoint two.
What if an executor does not want to act?
An executor who does not wish to act can formally renounce their role — but only before they have started to act in the administration of the estate. Once an executor has started to act (for example, by contacting banks or collecting assets), they cannot renounce. If an executor wishes to step back, they should take legal advice promptly.
Can a solicitor be an executor?
Yes — a solicitor can be appointed as executor. This is often appropriate for complex estates, where the testator does not have a suitable family member or friend to act, or where they want to ensure professional administration. If a solicitor is appointed as executor, they are entitled to charge for their time at their professional rates. We can advise on whether appointing a professional executor is appropriate for your circumstances.
What is the difference between an executor and an administrator?
An executor is appointed by the will. An administrator is appointed by the court when there is no will (intestacy) or when the named executor cannot or will not act. Both have the same duties — to administer the estate — but an administrator derives their authority from letters of administration rather than a grant of probate.
Acting as an Executor? We Can Help.
Being appointed as an executor is a significant responsibility. Our probate team can guide you through every step — from applying for the grant of probate to distributing the estate. We offer a fixed-fee service with transparent pricing.
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