Why have I been sent this page?
Someone whose Will has been prepared through Xwills has nominated you as an Executor, Guardian, or both. They have asked us to provide you with information about the role so that you understand what the appointment may involve.
I've been appointed as an Executor
Executors are responsible for dealing with a person's estate after their death and carrying out the terms of the Will.
Read about the Executor role →I've been appointed as a Guardian
A testamentary Guardian may acquire parental responsibility for a child if the circumstances set out in law are met.
Read about the Guardian role →Executor Guidance
What does an Executor do?
An Executor is responsible for administering the estate in accordance with the Will and the law. The exact work involved depends on the assets, liabilities, tax position and complexity of the estate.
Locate the original Will
Establish where the original signed Will is stored and make sure important estate documents and assets are kept safe.
Understand the estate
Identify the deceased person's property, savings, investments, liabilities and other assets so that the overall estate can be established.
Deal with tax and valuations
Appropriate valuations may need to be obtained and inheritance tax reporting or other HMRC requirements may need to be dealt with.
Apply for probate where required
Depending on the assets involved, a Grant of Probate may be required before certain property, accounts or investments can be dealt with.
Settle the estate
Debts, expenses, tax and administration costs generally need to be dealt with before the remaining estate is distributed.
Distribute to the beneficiaries
Once the administration is ready to complete, the estate can be distributed in accordance with the terms of the Will.
Guardian Guidance
What does being appointed as a Guardian mean?
A Guardian named in a Will may become responsible for important decisions concerning a child if the appointment takes effect. The precise legal position depends on who has parental responsibility at the relevant time and the circumstances of the family.
Providing stability and care
If your appointment takes effect, your role may include providing the child with a secure and stable home environment.
Parental responsibility
A Guardian whose appointment has taken effect may have parental responsibility and therefore be involved in important decisions concerning the child's upbringing.
Education and healthcare
Decisions can include education, healthcare and other matters affecting the child's welfare and day-to-day life.
Working with Trustees
The people managing money held for the child may be different from the Guardian. Guardians and Trustees may therefore need to work together regarding the child's financial needs.
Supporting the child
Guardianship is about much more than administration. The emotional wellbeing, stability and future of the child are central to the role.
Getting help when needed
Family circumstances can be complicated. Professional legal advice may be appropriate where there is disagreement, uncertainty over parental responsibility or another difficulty.
Common Questions
Executor & Guardian FAQs
These answers provide general guidance only. Individual estates and family circumstances can require specific professional advice.
Executors
Not necessarily. If the time comes and you cannot or do not wish to act, there may be options available depending on whether you have already become involved in administering the estate.
Executors have legal duties. Personal liability can arise in some circumstances if an estate is administered incorrectly, which is why professional advice can be important where an estate is complex or uncertain.
No. Whether probate is needed depends on the assets involved and the requirements of the organisations holding them.
An insolvent estate requires particular care because debts have to be dealt with according to specific rules. Professional advice should normally be obtained before making payments.
An Executor should remain impartial and administer the estate according to the Will and applicable law. Serious disputes may require independent legal advice.
Guardians
No. A testamentary Guardian's appointment only takes effect in the circumstances provided by law. Existing parental responsibility is an important factor.
The existence of a surviving parent and whether they have parental responsibility can affect whether and when a testamentary Guardian's appointment takes effect.
Not necessarily. Money or assets left for a child may be managed by Trustees. The Guardian and Trustee roles are separate even where the same person happens to hold both.
Circumstances can change significantly between being appointed and the appointment ever needing to take effect. Appropriate advice should be obtained if you are unable to act.
Guardianship itself does not automatically create an entitlement to a salary. Financial arrangements for the child's care may depend on the Will, trusts and other resources available.
Need Help?
Questions about the role you've been given?
If your question relates to your appointment as an Executor or Guardian in a Will prepared through Xwills, our team can help explain the information available to you.
Email info@xwills.com or call 0208 064 3806.
Completely Optional
Has this prompted you to think about your own arrangements?
Being asked to act as somebody else's Executor or Guardian can naturally prompt questions about whether your own affairs would be straightforward for the people closest to you.
If you would like to, you can request a complimentary conversation with Xwills about your own estate-planning arrangements. There is no obligation to proceed with any service.
Whether it reflects your current wishes, family circumstances and the people you want to benefit.
Considering who you would want to make important financial, health or welfare decisions if you were unable to do so.
Considering who you want to protect and whether your existing arrangements reflect your current circumstances.
Reviewing your wider arrangements and identifying anything that may deserve further consideration.
General information
This page provides general information about Executor and Guardian roles in England and Wales. It is not a substitute for legal, financial or tax advice relating to a particular estate or family.