Contents of Wills—executors, trustees and guardians

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Practice notes

Contents of Wills—executors, trustees and guardians

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Practice notes
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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

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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.

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