An Executor is the person (or people) who have been named in a will to administer the Estate of the deceased. Sometimes the will also appoint a Trustee, who will be responsible for managing any ongoing Trusts that are specified in the will.

Sometimes the same person can be named as both a Trustee and an Executor. To clear up any potential confusion between these two roles, we’re going to briefly outline how they differ and the main duties of each.

The Trustee

When a Trust has been established as part of the will, a Trustee needs to be specifically named in the will. The Trustee will then become responsible for receiving and managing this part of the inheritance on behalf of the Trust or beneficiary.

After the Executor has distributed this part of the Estate to the Trustee, they will be free to carry out their role in accordance with the terms of the Trust. This includes treating all the beneficiaries and their interests fairly, as per the duty of care under the Trustee Act 2000.

The main duties and responsibilities of this role include:

Also, when a beneficiary is under the age of eighteen, a Trustee will likely be appointed to look after any inheritance until they come of age.

The Executor

An Executor will also be officially named in the will. More than one person can be named as an Executor, and they will be legally responsible for administering the Estate of the deceased. They will also be fully entrusted to carry out the terms of the will.

This can be an extensive and time-consuming role, and carries a significant amount of responsibility, along with potential liability.

As well as potentially needing to apply for a Grant of Probate, which will give them legal authority, the Executor will have a number of important responsibilities and duties, including:

Once the beneficiaries have issued receipts confirming they’ve received any potential payments they were due from the Estate, the Executor can be discharged from their duty as administrator.

At Get Probate, we are authorised and regulated non-contentious probate practitioners – and we understand that the roles of Executor and Trustee can bring with them pressure and stress.

We can be the helping hand you need to make the whole process easier – when it comes to the Grant of Probate or the full probate process.

If you’re in need of free advice, then Get Probate is here for you – contact us on 0161 907 4044 or [email protected] today.