An Executor is the person you appoint in your Will to carry out your wishes and deal with your affairs. Initially you will probably wish your spouse or partner to be your Executor and then one or two people to act on second death or in the event of both deaths. Your Executor can be a Solicitor, an organization such as a Bank, or an individual (a family member or friend).

If you appoint a Solicitor he will (quite rightly) charge for his time when dealing with your estate.   If your partner should pass away and a solicitor is appointed you should expect to pay £1500 - £3500 for a very simple estate.  If there is a property involved then your bill would be nearer the £3000. If you appoint a Bank the charges are likely to be much higher than your local Solicitor.   In June of this year H.S.B.C (Midland) charged one of our clients over £5000 to deal with her late husbands estate which consisted of the house being transferred to her name, two Bank accounts, and some shares ~ so maybe you should consider appointing members of your family?

If you appoint a family member or friend they are quite likely not going to know what to do when the time comes and may seek the services of a Solicitor or Bank and still end up paying their charges.

We recommend you appoint a family member or friend and subscribe to the W.D.S Group of Companies.

All subscribing clients have access to our free probate and administration service advice, so if anything should happen to you we will assist your Executors and deal with your estate without charging.

If required we will

• Explain to your executors the process involved in dealing with your estate.
• Explain to your executor's their legal obligations.
• Offer to deal with all the paperwork for a fixed fee, including:
      1, Assisting your executors with the completion of all probate applications.
      2, Inform all the institutions who hold your assets.
      3, Prepare executor's accounts.

Questions & Answers

What are Executors?

An executor is someone you appoint in your Will to deal with the administration of your estate.   They would be responsible for selling your assets, paying your bills and distributing your estate according to the instructions in your Will.

Can an executor of a Will be a beneficiary?
Yes - these days, executors of a Will can also be beneficiaries. 

Who should I appoint as my executor?
It is normal to appoint your spouse or partner as your first and sole executor, and then a solicitor's firm to act as substitute executors if anything should happen to you both.

But will a solicitor charge to act as my executor?
Yes a solicitor is entitled to charge for acting as your executor and the fee will usually depend on the amount of work involved.

How much will my solicitor charge?
Solicitors fees vary, but you should expect to pay £100 - £200 per hour to deal with your estate.   In January last year the husband of one of our clients passed away and the widows brother insisted his solicitor deal with the estate.   The solicitor charged the lady just over £3500.  We always recommend clients appoint family or friends and subscribe to W.D.S.   When the time comes we will advise your executors how to deal with your estate without charge.

Does your company charge to handle probate?
All our subscription clients are entitled to free advice and assistance with all aspects of dealing with probate, ranging from the completion of all forms, to the notification of various institutions holding assets.

What's the difference between an executor and a trustee?
In most estates today, it is common to appoint the same people as executors and trustees. The main difference is that an executor deals with the estate, closing bank accounts, writing to insurance companies, sorting out the tax and dealing with the accounts while a trustee looks after any money left to a minor beneficiary or makes decisions that maintain the estate if it's to be held in trust.

Do I have to appoint a Solicitor or Bank as my Trustees?
You can appoint anyone you like.   It is likely however, that when your estate is going through Probate, your executors will in some part require some professional assistance.   Our advice is to choose people you trust and subscribe to W.D.S, ensuring that your executors and trustees have all the free advice they need when required.

How many Executors can I choose?
You can have as many executors as you like, but the law only allows a maximum of four to act at the same time.   We recommend you appoint two.

Can my guardians be my executors?
It is very common for the guardians to be executors.   It normally follows if you trust someone to take care of your children, then they should have some form of access to the assets of the estate to provide for them.   It should also be mentioned that there are some instances where the guardian (e.g. an ex partner/parent) should not be allowed direct access to assets, but go through your alternative executors.

The bank did a free Will for my wife and I, do you think there may be catch?
It may well have been a promotion that your bank was doing but to be on the safe side check to see if they have appointed themselves as executors and, if so, enquire as to their charges.  It may work out to be a very expensive "free" Will?

Does it matter if my Executors live abroad?
No, although it is always prudent to have some executors in the country in which you are residing.