You have been chosen as a trusted person in someone’s Will.
This page explains what that means in plain English and how Xwills can support you when the time comes.
You have been appointed as an Executor or Guardian in a Will.
You do not need to act immediately, and you are not expected to know all the rules. The information below will help you understand your role and where to get expert help.
Your first steps:
Decide whether you feel able to take on this responsibility. It is always okay to say no.
Contact the Will‑maker’s family (or Xwills) if you have any doubts or questions.
Bookmark this page — you may not need to act now, but it will be useful in future.
Executor & guardian roles at a glance
Executors deal with the estate. Guardians look after children. Sometimes you may be asked to act in both roles.
Role
What you do
Common concerns
Executor
Manage the estate, apply for probate, collect in assets, pay debts and tax, and pass on gifts.
Paperwork, tax, personal liability, and time commitment.
Guardian
Provide day‑to‑day care for minor children if both parents have died.
Long‑term care, money, housing, and children’s wellbeing.
Tip: Both roles carry legal responsibilities, but you are not expected to do everything alone.
Xwills and other professionals can support you — especially where estates or family situations are more complex.
If you are both executor and guardian:
you may need to coordinate how money and property are released from the estate with the practical care arrangements for the children.
Xwills can guide you step‑by‑step so that both sides work together smoothly.
Executor duties — step by step
Executors make sure the estate is collected in, debts and tax are paid, and the remaining assets go to the correct people.
1. Secure the Will, home, and valuables – Check you have the correct Will and make sure property and important documents are safe.
2. Register the death and arrange the funeral – Usually done together with the family and funeral director.
3. List and value assets and debts – Property, cash, investments, pensions, digital accounts, loans, and outstanding bills.
4. Deal with Inheritance Tax and forms – Complete the necessary HMRC forms and seek advice if anything is unclear.
5. Apply for probate (or “confirmation” in Scotland) – This gives you legal authority to deal with the estate.
6. Pay debts, bills, and tax from estate funds – Keep clear records of what has been paid and to whom.
7. Distribute what is left – Pass on the remaining assets exactly as set out in the Will.
8. Keep beneficiaries informed – Provide updates and keep a paper trail in case questions are raised later.
Remember: Executors are legally responsible for the estate while they are dealing with it.
Good notes, clear communication, and early advice usually prevent disputes and reduce stress.
Guardian duties — step by step
Guardians focus on the children’s home life, wellbeing, and long‑term plans. Trustees usually look after the money.
1. Provide a stable home – Offer day‑to‑day care, routine, and emotional support.
2. Make key decisions – Schooling, healthcare, activities, and other important life choices.
3. Work alongside trustees – Funds may be held in trust for the children; trustees control the money while you focus on care.
4. Support long‑term plans – Education, training, and helping children become financially independent.
5. Ask for help when needed – Legal, financial, and emotional support is available; you do not need to manage everything alone.
Important: Guardians look after the children, not the estate’s debts.
Your main duty is to their safety, stability, and happiness rather than to creditors.
Is this role right for you?
It is normal to feel unsure at first. These questions may help you decide if you are comfortable accepting the appointment.
Are you reasonably comfortable with paperwork, dates, and basic money matters? (especially as an executor)
Can you stay calm and fair if family members have questions or do not agree with each other?
As a guardian, do you understand the parents’ wishes around childcare, home life, school, and faith?
Do you know who you would ask for professional help (for example, Xwills, an accountant, or a solicitor) if things become complicated?
If you answer “yes” to most of these, you are likely to manage the role with the right support. Xwills can talk you through any areas you are unsure about.
Frequently asked questions
Do I have to accept the role?
No. It is always your choice. Let the family or Xwills know as early as possible if you would prefer not to act, so that alternatives can be arranged.
Can I be both executor and guardian?
Yes, provided you are comfortable with the time and responsibility involved. Some people prefer to share duties with others.
Am I personally liable for debts?
Executors are not usually personally liable if they act honestly, follow the Will, and take reasonable care. Guardians are not responsible for the estate’s debts.
Is initial guidance from Xwills free?
Yes. Initial guidance and our Will‑and‑protection review are free and without obligation.
What if I am worried or there is a dispute?
Contact Xwills as early as possible. Clear, neutral advice and good communication often resolve problems before they escalate.
Quick check: do you need your own Will?
Many executors and guardians do not yet have their own Will. Use this quick check to see how strongly a professionally drafted Will is recommended for you.