The job, step by step
- Secure the estate — locate the will, protect property and valuables, notify banks and pension providers.
- Value everything — list assets and debts as at the date of death.
- Apply for the Grant of Probate — the legal authority to deal with the estate (with a will, this is probate; without one, the equivalent is Letters of Administration, applied for by someone the intestacy rules choose).
- Pay what is owed — funeral costs, debts, and any inheritance tax due.
- Distribute the rest — exactly as the will directs, keeping clear accounts for the beneficiaries.
Who to choose
Trustworthiness and willingness beat everything else. The ideal executor is organised, likely to outlive you, and unafraid of forms — a spouse, adult child, sibling or close friend. You can name up to four; we recommend two, or one plus a substitute, so the role is never left empty. Always ask people before naming them.
Substitutes: the detail people skip
Executors can die before you, become unable to act, or simply decline — the role cannot be forced on anyone. A substitute executor steps in automatically if that happens. In the SwiftWill interview, substitutes are built in: name up to four people and order them as you like.
Executors, beneficiaries and witnesses — the rules that interact
- A beneficiary can be an executor (very common).
- A beneficiary — or their spouse or civil partner — must not witness the will; their gift fails under s.15 of the Wills Act 1837. See who can witness.
- An executor who is not a beneficiary can witness, though independent witnesses are the safer habit.
A word on professional executors
Some will-writers — especially "free" services — steer customers into appointing a professional executor company, whose fees (often a percentage of the estate) can reach thousands of pounds. MoneySavingExpert explicitly warns against this. Our position is policy, not marketing: SwiftWill never names itself executor and never sells executor or probate services. Choose people you trust; they can always hire professional help for specific tasks later, at ordinary rates, if they need it.
