26th August, 2025
Choosing an executor is a key step when drafting your Will. This person is responsible for managing your estate once you pass away. You may appoint a friend, family member, or a professional, such as a solicitor.
But does appointing a solicitor as executor look different to choosing someone else? Let’s explore.
What Does an Executor Do?
An executor handles all matters after your passing. This includes collecting assets, paying debts, and distributing your estate. They also apply for probate if required and may need to deal with legal or tax issues.
Importantly, their powers only begin once you pass away. This differs from an Enduring Power of Attorney, which operates while you’re alive.
Can a Solicitor Be an Executor?
Yes, a solicitor can legally act as your executor. In fact, some people prefer it. A solicitor brings legal knowledge, impartiality, and professional experience. However, this choice comes with both benefits and drawbacks.
Pros of Having a Solicitor as Executor
- Legal expertise: A solicitor understands estate law and court processes.
- Impartiality: As an independent party, a solicitor may find it easier to remain neutral in emotionally charged situations.
- Efficiency: Professionals are often better at managing paperwork and deadlines.
- Dispute management: If conflict arises, they can handle it with care and confidence.
Additionally, when an estate is complex or family relationships are strained, a solicitor can sometimes be the safest choice.
Cons of Having a Solicitor as Executor
- Cost: A solicitor may charge legal fees and/or receive a commission.
- Less personal: Unlike a family member, they may not know your wishes intimately.
- Availability: Some solicitors decline appointments due to time or liability concerns.
That said, a solicitor must disclose all possible fees in writing before the Will is signed. This gives you full transparency required for such a significant decision.
How is This Different from Choosing a Loved One?
Appointing a family member or friend can feel more personal. However, they may lack experience or confidence. Often, they will still need to seek legal help, especially with probate or disputes.
In contrast, a solicitor is prepared to handle these tasks from the start. You can also appoint both, a loved one and a solicitor, as co-executors. This can balance legal skill with family insight.
Final Thoughts
Your executor carries out your final wishes. Therefore, it’s vital to choose someone you trust and who can manage the responsibility.
How We Can Help
Our experienced estate planning lawyers can help you draft a Will that reflects your wishes. Whether you’re appointing a family member, solicitor, or both-we ensure everything is legally sound and clear.
Contact us today to make an appointment and get your affairs in order with confidence.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.