Contents of Wills—executors, trustees and guardians

Copyright © 2025 LexisNexis
Published by a LexisNexis Private Client expert
Practice notes

Contents of Wills—executors, trustees and guardians

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Practice notes
imgtext

There are certain Rules to consider when Advising a testator on who to appoint as executors of their estate, trustees of any Will trust and guardians to any minor children the testator may have. In addition to these rules, a testator will also need to consider whether the appointments are suitable in the context of their family and personal circumstances. There are usually a number of factors to consider and some of the main points for consideration are outlined below.

Executors

An executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. For further guidance, see Practice Note: Definition of a personal representative.

The omission to appoint one or more executors does not invalidate a Will. However, such an omission is inadvisable as it would result in a period after the death when there is no one in control of the testator's estate and affairs. Executors may be appointed:

  1. •

    expressly by Will

  2. •

    impliedly by Will where a testator fails to nominate a person

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Guardian definition
What does Guardian mean?

A person with parental responsibility for their child may appoint another individual to be the child's guardian in the event of their death. A guardianship appointment will only take effect on the death of the person with parental responsibility if at that time there is no other person with parental responsibility for the child.

Read more readmore

Popular documents

Revocation of Wills

Revocation of WillsA Will is revocable at any time during the testator's lifetime. A Will may only be revoked by automatic operation of law (involuntary revocation) or by a deliberate act of the testator (voluntary revocation). Apart from these methods, and where there has been an obliteration under

Contents of Wills-secret and half-secret trusts

Contents of Wills-secret and half-secret trustsA secret or half-secret trust may be useful where a testator wishes to keep the identity of a beneficiary of a testamentary gift outside the text of their Will.Types of secret trustsThere are two kinds of secret trusts:•secret or fully secret

Revival of revoked Wills

Revival of revoked WillsModes of revivalA testator who has revoked their Will either with or without making a new one may wish to revive the revoked Will. The testator may write out the revoked Will again and execute it in accordance with section 9 of the Wills Act 1837 (WA 1837) or take advantage

Conditional and dependent relative revocation of Wills

Conditional and dependent relative revocation of WillsIf a testator revokes the Will and that revocation is shown to be subject to a condition, the revocation is ineffective if the condition is not satisfied. Revocation will not be held to be conditional unless there is clear evidence what the