Should I appoint a sole executor and trustee?

An executor is a person you name in your Will to be responsible for sorting out your estate when you pass away.  If you set up a trust in your Will, a trustee is a person who will become the legal owner of the trust assets and manage them in accordance with the terms of the trust set up in your Will. You can choose as many executors as you like, but the maximum is usually four. It is usual to choose two or three trustees.

You may be considering choosing just one person to be your executor and trustee. It may not be sensible to choose the same person to do both roles for the following reasons:

• There is a risk that they will be unable or unwilling to act when you pass away;
• If there are ongoing trusts, there would be no check on their actions as the sole trustee;
• If they were unable to act, such as if they passed away or lost the mental capacity to act, this could affect the administration of the trust set up in your Will;
• If the sole executor and trustee is also a beneficiary of your Will, their interests may conflict with those of your other beneficiaries.

Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall.

If you would like to discuss making a Will or setting up a trust, please contact us on 01384 410410 to speak to one of our Private Client lawyers