Executors | Niche Will Writing

writeawill How many Executors should I have?

If you are Writing a Will then you will need to give careful consideration to your choice of Executor.

Firstly, an individual may appoint in their Will any number of Executors, however only a maximum of four at any time may take out the grant of Probate and act in relation to any one part of the estate (s114(1) Supreme Court Act 1981 (SCA 1981)), so there is little point in ever naming more than four Executors.

Sole Executor

The general consensus is that a Sole Executor appointment would only be sensible where a surviving spouse/civil partner takes all the residuary estate outright and there are no Trusts in the Will. Even then, it will be advisable to make provision for ‘Reserve Executors’ in case the spouse/civil partner dies before the Testator.

Multiple Executors

In our home visits across the London area we would normally advise that two Executors are appointed (if they are to be Trustees as well). For instance, if children are involved the Testators will probably want any legacies held in ongoing Trusts until the children reach adulthood. Trusts require ongoing maintenance so it is helpful to share burden and investment responsibility.

Most of our Will clients will nominate their partners they will know the Testator intimately and have a good appreciation of their assets and policies. In this instance if the Executor is unfamiliar with finances then they might want to consider a friend or family member that is, to act with them. Alternatively, they might want to employ a professional such as a trust Corporation.

Sometimes, clients want to appoint more than two Executors if they have three or four adult children and want them all to have the opportunity to act.

It is also possible to have different Executors to act in relation to different parts of an estate such as their business interests.

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Will Instructions to Executors must be fair

There is a romantic notion that Writing a Will gives you the power to make your Beneficiaries and Executors jump-through hoops in the process of disbursing assets.

The thought that you will ultimately pass on a gift provided that a series of qualifying events take place is indeed wide of the mark.

The Courts take a dim view of such elaborate measures. With movies such as 80s classic Brewster’s Millions which required Richard Prior to loose $30m in 30 days in order to inherit $300m truly confined to Hollywood when it comes to actual Will writing.

Even what might seem like a genuine request such as scatter my ashes in the place where I honeymooned is unlikely to be adhered to if it is miles away from where your Executors live. A Will cannot physically propel your Executors into action above and beyond the call of duty if they do not have the inclination to oblige. So as professional Will Writers we ask that you are realistic with your wishes when you are drafting a Will. An Executor is someone you trust to disburse your legacy but be fair on them. Would you want them to feel low as they cannot carry out your far fetched Will instructions?

Our Legal Consultants are taught to ask the testators to think twice when they are writing their Wills. Have a reality check. Put yourself in the Executor’s shoes. The disbursement of a Last Will and Testimony is often hard enough, particularly as often the responsibility is bestowed upon someone who is grieving and unfamiliar with the Probate process.

If you are thinking of Writing a Will and would like more on this subject or other practical advice, please visit www.nichewills.co.uk

For more information on our Will writing Services, please complete the enquiry form on the right hand side or contact our London office on 020 7993 2044.

Niche Wills in London | Will Writers in London
Members of The Society of Will Writers