Legal Q&A: Appointing a Solicitor to execute a Will

Q. Do I have to appoint my Solicitor to be an executor of my Will? 

A. The simple answer to the question is no. The person(s) appointed to administer your estate and carry out your wishes is/are your executor(s). The appointed executor(s) can have an onerous job. Accordingly the choice of executor is an important one. As such the solicitor instructed to prepare your Will has a duty to act in your best interests to assist you make the correct decision.  The solicitor should consider the size and complexity of your estate and should discuss the options with you. The executor can either be a professional (such as a solicitor) or a lay person such as a family member or beneficiary who would be able to engage a professional to assist in the estate administration at the cost of your estate.

In some cases (where the estate is complex or there are potential disputes amongst beneficiaries) it may be a good idea to appoint a solicitor who should be impartial. Where a solicitor is to be appointed as an executor Law Society guidelines dictate that it is good practice for the solicitor to provide an indication of the likely current costs of acting as executor. 

To speak to Greg Baker about any aspect of Trusts and Probate Law call 01733 295 616 or email greg.baker@hegarty.co.uk