Executors | WiseWills

Choosing your executors

You only need to appoint one executor. If you appoint only one, it is sensible to consider naming an alternative executor in case your chosen executor is unable to act. Some people appoint two or more executors, particularly where they want their children to act together.

You can name up to four executors on the Wise Wills instruction form, although a smaller number is often preferable because appointing too many can make the process slower and more complicated.

For further official information, see GOV.UK: Applying for probate where there is a Will.

Children, guardians and trusts

Appointing a guardian

A parent with parental responsibility can appoint another individual to be a child's guardian in the event of the parent's death. The Children Act 1989 provides for such an appointment, and a guardian appointed under the Act has parental responsibility for the child when the appointment takes effect. A guardian can be named in a parent's Will (known as testamentary guardianship). citeturn104876search33turn104876search1

What about a child's inheritance?

If children are under 18, their inheritance may need to be held on trust and managed by an adult trustee or trustees until the child becomes entitled to it. The exact trust and tax treatment depends on the circumstances and the terms of the Will. GOV.UK provides information about trusts for children and bereaved minors. citeturn630966search1turn630966search5

Executor and trustee roles

An executor and a trustee perform different legal functions. The executor deals with the estate and its administration; a trustee holds and manages trust property. The same individuals can be appointed to both roles where appropriate. citeturn630966search6

For official information, see GOV.UK: Writing your Will, Children Act 1989, section 5, and GOV.UK: Trusts and Inheritance Tax.