Naming an executor in your will, or an attorney under a Lasting Power of Attorney, is often treated as a formality — a box to fill in near the end of the paperwork. In practice it's one of the more consequential decisions in the document, and it's worth more thought than it usually gets.
What an executor actually does
An executor is responsible for administering your estate after you die: registering the death, valuing the estate, applying for probate if needed, paying any debts and Inheritance Tax due, and distributing what remains according to your will. It can involve months of paperwork, dealing with banks, HMRC and the Probate Registry, and sometimes managing disagreements between beneficiaries. It's an unpaid role (unless you specify otherwise or use a professional), and it falls to someone at what is often an already difficult time.
What an attorney actually does
An attorney under a Lasting Power of Attorney (LPA) acts on your behalf while you're alive but unable to make decisions yourself — either due to illness, an accident, or reduced mental capacity. There are two types: one covering property and financial affairs (which can be used even while you still have capacity, if you choose), and one covering health and welfare (which only takes effect once you've lost capacity). An attorney's decisions can include managing your bank accounts and bills, selling your home if needed, or making decisions about your care and medical treatment.
What makes someone a sensible choice
- Trustworthiness — they'll potentially have access to significant money or make decisions with real consequences for you.
- Organisational ability — the role involves real administrative work, deadlines and paperwork.
- Willingness — always ask before naming someone; being appointed without warning can be an unwelcome surprise at a difficult moment.
- Availability — someone significantly older, in poor health themselves, or living a long way away may struggle with the practical demands of the role.
You can name more than one executor or attorney, which spreads the workload and provides a check on decisions, though it can also slow things down if they disagree or live far apart — most people choose two, occasionally naming a third as a reserve in case one is unable to act.
Family member, friend, or professional?
| Choice | Consider |
|---|---|
| Family member or friend | No cost, personal knowledge of your wishes, but may lack time or expertise for a complex estate |
| Solicitor or professional executor | Experienced and impartial, but charges fees, usually a percentage of the estate or an hourly rate |
| A mix | A family member alongside a professional can combine personal knowledge with practical expertise |
Common mistakes
- Naming someone without asking them first
- Choosing only one executor or attorney with no reserve, leaving no fallback if they die first or become unable to act
- Never updating the choice after a falling-out, divorce, or the named person's own declining health
- Assuming an LPA is only for older people — a sudden accident or illness can affect anyone, and without an LPA in place, family members may need to apply to the Court of Protection instead, which is slower and more costly
What to do next
Talk to the people you're considering before naming them, tell them where key documents are kept, and review your choices whenever your circumstances or relationships change significantly. Setting up an LPA while you're healthy, rather than waiting until it's needed, avoids the far more difficult and expensive court process families otherwise face.