Contents of Wills

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Executors, trustees and guardians—who are they?

An executor is the person appointed by the Will to administer the property of the testator. Failing 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 no one is in control of the testator's estate and affairs. A testator may appoint any number of executors but probate will not be granted to more than four in respect of the same part of the deceased's estate.

When a client is considering appointing a solicitor or firm as executor(s) they must be provided with sufficient information to make an informed decision about the appointment and its related costs.

The court has power, if necessary, to remove a personal representative (PR) or all of the PRs and to appoint a person to act in their stead, either before or following the grant of representation.

Where a Will trust is to be created, it is, in general, convenient to appoint the same persons as both executors and trustees. The functions of executors and trustees are different

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