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Professional Executor UK: When to Appoint a Solicitor, Bank or Trust Company

· 33 min

Note: The following scenario is fictional and used for illustration.

When Robert, 58, updated his will in 2022, he appointed his eldest daughter Claire as executor of his £680,000 estate. He died unexpectedly in March 2024. Claire, a secondary school teacher with two young children, spent 18 months struggling with probate while grieving her father.

She made costly mistakes: missed the inheritance tax deadline (£2,400 penalty), undersold the family business to a competitor (£45,000 below market value), and mishandled a property trust for Robert's disabled son (requiring £8,500 in legal fees to rectify). The family's grief turned to conflict as beneficiaries blamed Claire for errors that cost the estate over £55,000.

One in three wills in England now includes a professional executor—either alone or alongside family members. This isn't about distrust. It's about recognizing that estate administration is a specialized skill, particularly for estates exceeding £500,000, involving business assets, or requiring ongoing trusts.

This article explains exactly when professional executors are worth their cost (£3,500-£20,000), how solicitors, banks, and specialist firms compare, and the decision framework you need to choose the right executor for your specific circumstances.

Table of Contents

What Is a Professional Executor and How Do They Differ from Family Executors?

A professional executor is a solicitor, bank, accountant, or specialist trust company appointed in your will to administer your estate. Unlike family executors, they act in a professional capacity under the Trustee Act 2000 and can charge for their services.

The distinction matters because professional and family executors operate under different legal standards, expectations, and cost structures.

Key differences between professional and family executors:

Aspect Professional Executor Family Executor
Legal standards Held to higher duty of care under Trustee Act 2000; judged by professional standards Judged more leniently; expected to act honestly and reasonably
Expertise Specialized knowledge of probate, tax, trusts, and estate administration Learning on the job; may lack technical expertise
Cost Charge 1.5-4% of estate value plus VAT Serve without fees (can claim reasonable expenses only)
Liability Carry professional indemnity insurance covering errors and omissions Personal liability without insurance protection
Continuity Institutions don't die or become incapacitated; firms provide permanence May predecease testator or become unable to serve
Impartiality No family relationships or conflicts of interest; neutral third party May be beneficiaries themselves with potential conflicts

Professional executors are regulated by different bodies depending on their type. Solicitors must comply with Solicitors Regulation Authority (SRA) Standards and Regulations. Banks fall under Financial Conduct Authority (FCA) oversight. Trust companies often belong to professional associations like ACTAPS (Association of Contentious Trust and Probate Specialists).

When Emma, 62, appointed her solicitor as professional executor of her £1.2 million estate (including investment properties and a shareholding in her late husband's business), the solicitor charged £18,000 (1.5% of estate value). But this prevented the family disputes that had plagued her sister's estate, where untrained family executors mishandled property sales and created £40,000 in beneficiary litigation costs.

The choice between professional and family executors isn't about trust. It's about matching your estate's complexity to the executor's expertise—and deciding whether professional fees represent good value compared to the risks of executor mistakes.

The Three Types of Professional Executors: Solicitors, Banks, and Specialist Firms

Not all professional executors are created equal. Three main types serve different estate profiles, with significant variations in cost, service quality, and expertise.

Solicitor Executors

Solicitor executors are law firms and individual solicitors specializing in wills, probate, and estate administration.

Best for: Estates £300,000-£2 million with straightforward assets but requiring legal expertise; family situations requiring mediation; estates with potential disputes.

Cost structure: Solicitors typically charge 1.5-2.5% of the estate value plus 20% VAT. If a specific solicitor is named as executor (not just the firm), fees may be higher: 1.5% on gross estate plus 0.75% on residence value.

Example cost: For a £500,000 estate, expect £7,500-£12,500 in fees plus £1,500-£2,500 VAT, totaling £9,000-£15,000.

Pros: Personal service with direct access to legal expertise, SRA regulation providing formal complaints process, local knowledge of your area, continuity when firms (rather than individuals) are appointed.

Cons: May lack continuity if individual solicitor retires or leaves firm, smaller firms may lack resources for very complex international estates.

David, 67, appointed his solicitor as executor for his £450,000 estate (house plus savings plus small business). The solicitor charged £9,000 (2% plus VAT) but navigated a complex business asset sale and mediated a family dispute over heirloom distribution—services that would have cost £15,000+ if handled separately.

Bank Executors

Bank executors are the private banking arms of major UK banks (HSBC, Barclays, NatWest) offering executor and trustee services.

Best for: Very large estates (£2 million+), estates requiring ongoing trust management, clients with longstanding private banking relationships.

Cost structure: Banks charge 2-4% of estate value—often double solicitor rates. Barclays charges up to 4.5%, Lloyds and RBS 4%, HSBC 1.5%.

Example cost: For a £1 million estate, expect £20,000-£40,000 in fees. Even a modest estate of £250,000 could cost £10,000 at Lloyds.

Pros: Institutional permanence (the bank won't die or retire), financial management expertise for complex investment portfolios, suitable for multi-generational trusts.

Cons: Expensive, impersonal service, often outsource legal work to solicitors anyway (adding separate legal fees), lower customer satisfaction than alternatives.

Which? survey found only 58% of executors satisfied with Barclays probate services, 67% with HSBC—compared to 80% for Nationwide and Santander. Most experts recommend solicitors or specialist firms over banks unless you have a longstanding relationship with the bank's private client team.

Specialist Probate Firms

Specialist probate firms are independent companies focusing exclusively on probate and estate administration (such as Laurelo, Progeny).

Best for: Estates £200,000-£1 million, clients wanting cost-effective professional service without full solicitor rates.

Cost structure: 1-5% of estate value depending on complexity; some charge fixed fees for straightforward estates.

Example cost: Laurelo won Best Probate Provider 2022 and doesn't charge for being appointed as professional executor but charges their fee when completing full estate administration after death.

Pros: Cost-effective, specialized expertise in probate, modern digital processes, transparent pricing with detailed upfront estimates.

Cons: Less established than traditional solicitors, may lack resources for highly complex international estates involving multiple jurisdictions.

Probate specialists are likely to be significantly cheaper than solicitors and accountants, who in turn will be significantly cheaper than banks.

Quick comparison:

Type Cost (% of estate) Best For Pros Cons
Solicitor 1.5-2.5% + VAT £300K-£2M estates, disputes Legal expertise, personal service Individual continuity risk
Bank 2-4% £2M+ estates, ongoing trusts Institutional permanence Expensive, impersonal
Specialist Firm 1-5% £200K-£1M estates Cost-effective, specialized Less established

Professional Executor Costs: What You'll Actually Pay in 2025

Professional executor fees vary widely, but transparency about actual costs helps you budget accurately and compare options.

Solicitor Fee Structures

Solicitors typically charge between 1.5% to 2.5% of the estate value plus VAT. Some firms calculate fees as 1% plus VAT on the gross estate less the value of the residence and 0.5% plus VAT on the value of the residence.

Calculation example:

  • Estate: £600,000 (£400,000 house + £200,000 other assets)
  • Calculation: (£200,000 × 1.5%) + (£400,000 × 0.75%) = £3,000 + £3,000 = £6,000 plus £1,200 VAT = £7,200 total

Some solicitors charge hourly rates (£200-£400/hour) for executor work, particularly for complex estates where percentage fees would be excessive. Government guideline hourly rates for solicitors from 1st January 2025 show trainee solicitors and paralegals charge between £139-£205, while solicitors with over eight years of experience charge £282-£566.

Bank Executor Costs

Banks typically charge 2-4% of gross estate value. For a £1 million estate charged at 3%, that's £30,000 in executor fees.

Banks often outsource legal work to solicitors, adding separate legal fees on top of executor fees. A typical bank can charge as much as £20,000 for an estate worth £500,000.

Specialist Probate Firm Pricing

Some specialists offer fixed fees: £2,500 for basic estates up to £25,000 for high-value complex estates. Others charge 1-5% depending on estate complexity.

Specialist firms typically provide detailed cost estimates upfront, unlike banks which may be less transparent about final costs.

What's Included in Professional Executor Fees

Professional executor fees typically cover:

  • Valuing estate assets
  • Applying for grant of probate (note: £273 court fee is separate)
  • Paying debts and liabilities
  • Calculating and paying inheritance tax (note: IHT itself not included in fees)
  • Distributing assets to beneficiaries
  • Estate accounts and beneficiary reporting
  • Ongoing trust administration (if applicable)

What's NOT Included (Additional Costs)

Additional costs you'll pay separately:

  • Court fees: £273 probate application fee (payable to courts, formerly £300)
  • Property valuations: £300-£500 per property
  • Specialist asset valuations: Antiques, art, business valuations
  • IHT payment: The inheritance tax itself (only the calculation/filing is included)
  • Contested probate litigation: Separate contentious probate fees
  • Disbursements: Court fees, property valuations, newspaper notices typically run £1,000-£3,000

Cost Comparison Across Estate Values

Estate Value Solicitor (2% + VAT) Bank (3%) Specialist (1.5%) Family Executor (expenses only)
£200,000 £4,800 £6,000 £3,000 £273 probate fee only
£500,000 £12,000 £15,000 £7,500 £273 probate fee only
£1,000,000 £24,000 £30,000-£40,000 £15,000 £273 probate fee only

For estates under £300,000 with straightforward assets (house, savings, pension), professional executor costs (£4,500-£9,000) represent 1.5-3% of what beneficiaries inherit—often not justified unless complexity factors apply.

For estates over £500,000 with complexity (business assets, trusts, overseas property), professional fees (£7,500-£20,000) can save £20,000-£50,000+ in executor mistakes, tax penalties, and family litigation.

Professional executors can't simply charge whatever they want. Their fees are governed by specific legal provisions that protect estates while enabling professional service.

The Trustee Act 2000 Framework

Section 28 of the Trustee Act 2000 permits professional executors (solicitors, trust corporations) to charge for services if the will includes an express professional charging clause.

Section 29 creates an implied charging right for trust corporations and professional trustees who obtain written agreement from all other executors, even without a charging clause in the will.

Without a charging clause or co-executor agreement, professional executors must serve without payment—most will refuse the appointment.

What Constitutes 'Reasonable Remuneration'

Section 29(3) defines "reasonable remuneration" as "such remuneration as is reasonable in the circumstances for the provision of those services to or on behalf of that trust by that trustee."

Factors considered include:

  • Time involved
  • Level of skill and expertise required
  • Nature and value of services provided
  • Estate complexity

If fees exceed what is reasonable, beneficiaries can challenge them in court—but must object promptly or lose this right.

Professional Charging Clause Requirements

Modern trust instruments and wills almost invariably contain an express professional charging clause—its absence would make it unlikely that a professional executor would accept office.

Standard clause wording includes reference to "reasonable professional fees" and scope of chargeable services.

If you use WUHLD to create your will and appoint a professional executor, the platform automatically includes appropriate charging clause language to ensure your chosen executor can serve.

Regulatory Standards for Professional Executors

Solicitor executors must comply with seven mandatory principles in SRA Standards and Regulations covering ethical practice, client care, and conflicts of interest.

Clients must be informed of the choice between professional and lay executors, and if a professional is appointed, must understand the cost implications before signing their will.

The Non-Contentious Probate (Amendment) Rules 2025, effective from 3 November 2025, formalized digital probate administration, requiring trust corporations to file online applications.

Protection Mechanisms

Professional executors carry indemnity insurance covering errors and omissions. Breach of fiduciary duty claims increase personal and institutional liability. SRA and FCA provide formal complaint mechanisms if professional executors fail in their duties.

Under Section 28, Margaret's will included the clause "I appoint Jones & Smith Solicitors as my executor and authorize them to charge reasonable professional fees for estate administration services." This enabled the firm to charge £8,400 (1.5% of her £560,000 estate plus VAT) with full legal authorization. Without this clause, they would have either declined the appointment or required all beneficiaries to sign fee agreements after Margaret's death—creating delays and potential disputes.

When Professional Executors Are Worth the Cost (Decision Framework)

Professional executors charge thousands, sometimes tens of thousands, in fees. When does this cost represent good value rather than waste?

Estate Value Threshold

Over £500,000: Professional executors typically justified—costs (£7,500-£20,000) represent 1.5-4% of estate but prevent mistakes that could cost 5-10% or more.

£300,000-£500,000: Consider professional co-executor alongside family member—hybrid approach balances cost and expertise.

Under £300,000: Family executors usually sufficient unless complexity factors below apply.

Complexity Indicators Requiring Professional Executors

Business Assets

If your estate includes business interests (sole proprietorship, partnership shares, limited company shareholding), professional executors can handle business valuation, Business Property Relief claims, and sale/transfer negotiations.

James owned 40% of a manufacturing company. His professional executor negotiated a £240,000 buyout from remaining shareholders—£60,000 more than the family's initial valuation. The £12,000 executor fee was justified by this alone.

Overseas Property or Assets

Estates with property in Spain, France, or other jurisdictions require dual probate processes—UK grant plus foreign succession procedures. Different inheritance laws, language barriers, and foreign tax implications make professional expertise valuable.

Trusts for Minors or Vulnerable Beneficiaries

If your will creates ongoing trusts (for children under 18, disabled beneficiaries, or lifetime interest trusts), professional trustees provide long-term administration—potentially for decades.

Sophie's will created a trust for her autistic son, age 12. The professional trustee managed the trust assets for 20 years until he turned 32, ensuring Disability Living Allowance wasn't affected and investments grew appropriately.

Family Conflict Anticipated

If you're making unequal distributions, excluding family members, or have blended family dynamics, professional executors provide impartial administration.

Claims against executors increased 21% in 2023, with family disputes the leading cause. Professional executors cost £10,000-£20,000 but prevent litigation that averages £30,000-£50,000 in legal fees.

No Suitable Family Members Available

If you're unmarried, childless, estranged from family, or your family members lack financial literacy, professional executors ensure your estate is properly administered.

Complex Tax Planning

Estates requiring Inheritance Tax mitigation (business/agricultural property relief, charitable bequests, spousal exemption optimization) benefit from professional expertise.

For 2025/26, estates exceeding £325,000 (or £500,000 with residence nil-rate band) face 40% IHT—professional advice prevents costly errors.

Real-World Cost-Benefit Examples

Scenario 1: Estate value £750,000. Professional executor fee: £15,000. Value delivered: Secured £80,000 Business Property Relief claim (family executor missed), negotiated property sale £25,000 above asking, prevented £12,000 in IHT penalties for late filing. Net benefit: £102,000 - £15,000 = £87,000.

Scenario 2: Estate value £400,000. Professional executor fee: £8,000. Value delivered: Mediated family dispute over heirloom distribution (avoided £25,000 litigation), properly administered trust for minor child (prevented means-tested benefit complications). Net benefit: Clear but harder to quantify—peace of mind and risk avoidance.

Self-Assessment Checklist

Consider professional executors if:

  • Estate value exceeds £500,000
  • Business ownership or partnership interests included
  • Property or assets located overseas
  • Will creates trusts for minors or vulnerable beneficiaries
  • Family disputes likely (unequal distributions, blended family, excluded relatives)
  • No suitable family members available or willing to serve
  • Complex tax planning required (IHT, CGT, business/agricultural relief)
  • Desire to spare family the administrative burden during grief

Interpretation: If you ticked 3+ boxes, professional executor likely justified. If 5+ boxes, professional executor strongly recommended.

When Family Executors Are Sufficient (and How to Support Them)

Professional executors aren't always necessary. Many estates are handled excellently by capable family members—saving thousands in fees.

Ideal Scenarios for Family Executors

Estate value under £300,000: With house plus savings plus pension, most financially capable adults can handle probate.

Straightforward assets: No business interests, overseas property, or complex investments.

Harmonious family: Beneficiaries trust each other and agree on distributions.

Willing and capable family member: Someone financially literate, organized, and comfortable with administrative tasks.

No ongoing trusts required: All beneficiaries are adults receiving outright inheritances.

Family Executor Advantages

Zero fees: Family executors don't charge (though they can claim reasonable expenses: travel, postage, phone calls).

Personal knowledge: They understand family dynamics, know the deceased's wishes intimately, and care about getting it right.

Flexibility: Can adapt to family needs and make judgment calls that honor the deceased's character, not just legal requirements.

Trust: Beneficiaries often prefer a trusted family member to an unknown professional.

How to Support Family Executors for Success

Provide Comprehensive Estate Information

Create a detailed asset inventory: bank accounts, pensions, insurance policies, property deeds, investment accounts, digital assets. Include account numbers, contact details, approximate values. Store this securely and tell your executor where to find it.

When you create your will with WUHLD, you receive a free Asset Inventory template to document everything your executor will need.

Authorize Professional Assistance on Specific Issues

Your will can authorize your executor to instruct solicitors for specific tasks (property conveyancing, tax filing) and charge costs to the estate.

Jenny appointed her brother Mark as executor but included this clause: "I authorize my executor to instruct a solicitor for IHT calculations and probate application, with fees payable from my estate." Mark handled asset collection and distribution himself (saving £8,000 in executor fees) but paid £2,500 for professional tax and probate work—total saving: £5,500.

Choose Co-Executors for Balance

Appoint 2-3 family executors so no one bears the burden alone and they can check each other's decisions. Avoid appointing more than 3—decision-making becomes unwieldy and only 4 executors maximum can apply for probate jointly.

Provide Quality Guidance Resources

Point your executor to quality resources: gov.uk probate guidance, Money Helper, Which? probate guides. Consider gifting them a consultation with your solicitor after your death (funded from your estate).

Set Realistic Expectations

Include a letter with your will explaining the executor role, estimated time commitment (20-50 hours over 6-12 months for straightforward estates), and thanking them for serving.

When to Transition from Family to Professional

If your estate grows beyond £500,000, review your executor appointments every 3-5 years. If family dynamics change (divorce, estrangement, beneficiary disputes), consider adding a professional co-executor. If your chosen family executor becomes elderly, ill, or relocates abroad, update your will.

Tom's estate was £240,000 (house £180,000 plus savings £60,000). His daughter Rachel, a bookkeeper, served as executor. She spent 30 hours over 8 months handling probate, paid £273 probate fee plus £350 property valuation plus £180 expenses = £803 total. A professional executor would have charged £4,800-£7,200 (2-3% of estate). Net saving to beneficiaries: £4,000-£6,400. Rachel felt proud to honor her father this way, and beneficiaries appreciated the cost savings.

Most people choose family members as executors—approximately 70% of UK wills have executors who are also beneficiaries.

The Hybrid Approach: Combining Family and Professional Executors

The middle ground between pure professional and pure family executors often provides the best balance: appointing both types to work together.

Why Hybrid Appointments Work Well

Balances strengths: Family executor provides personal knowledge and family trust; professional executor provides technical expertise and impartial oversight.

Cost-effective: Professional charges may be lower when working alongside family executor who handles routine tasks.

Checks and balances: Two executor types prevent unilateral mistakes and provide built-in accountability.

Often at least 2 executors are appointed. A family member and a professional (such as a solicitor) might act as executors together.

Optimal Hybrid Structures

Model 1: Family Lead + Professional Advisor

Appoint family member as primary executor with authority to instruct professional advisor on specific issues (tax, legal).

Best for: Estates £200,000-£400,000 with moderate complexity.

Cost: £1,500-£3,500 for professional advice on limited scope.

Louise appointed her son as executor but authorized him to hire a solicitor for IHT calculations. He handled asset gathering, communication, and distributions himself; solicitor provided tax advice only. Total professional cost: £2,200 vs £8,000 for full professional executor service.

Model 2: Co-Executors with Defined Roles

Appoint family member plus professional as joint executors with complementary responsibilities.

Typical division: Family executor handles personal property, family communication, sentimental item distribution; professional handles legal compliance, tax, property sales, formal accounts.

Best for: Estates £400,000-£750,000 with complexity but harmonious family.

Cost: Professional charges reduced rate (1-1.5% vs 2-3%) for shared responsibility.

Robert appointed his daughter Emma and his solicitor as co-executors of his £580,000 estate. Emma managed family communication and personal property distribution; solicitor handled probate application, house sale, and IHT filing. Solicitor charged £8,000 (1.4% vs normal 2%) for partial responsibility. Emma's involvement saved £5,800 in fees.

Model 3: Restricted Professional Executor for Specific Assets

Appoint family executor for general estate plus professional executor specifically for complex assets (business, overseas property, intellectual property).

Best for: Estates with one highly complex asset in otherwise straightforward estate.

Professional executors can be appointed to deal with specific matters, with remainder of deceased's affairs left for family to manage. Typical examples involve executors appointed specifically to deal with digital assets, literary estate, intellectual property, and/or assets abroad.

How Co-Executors Must Work Together

Joint authority required: All executors must agree on major decisions (property sales, distribution timing, settling claims).

Individual authority permitted: Day-to-day tasks can be delegated (one executor handles probate paperwork while another values assets).

Legal framework: Under Administration of Estates Act 1925, all executors have equal authority and joint liability—one can't act unilaterally on significant matters.

Conflict resolution: If co-executors disagree irreconcilably, court application required to remove one or appoint independent administrator (expensive: £10,000-£30,000).

Potential Hybrid Appointment Pitfalls

Personality conflicts: Choose co-executors who can work together collaboratively—family tensions can derail the process.

Communication breakdown: Professional executor must keep family executor informed; family executor must trust professional's expertise.

Fee disputes: Clarify in your will whether professional executor can charge full fees or reduced rate for shared responsibility.

Decision deadlock: With 2 executors, tie-breaking mechanism needed—consider appointing 3rd executor or specifying professional has final say on tax/legal matters.

Best Practice Guidance

If appointing hybrid executors, include letter of wishes explaining why you chose this structure and how you expect them to collaborate. Introduce your chosen executors to each other during your lifetime—don't let their first meeting be after your death. Specify in your will who takes lead on which tasks to prevent duplication or gaps.

Harriet's estate was £680,000 (house plus savings plus buy-to-let property). She appointed her son David and her solicitor as co-executors. David handled day-to-day administration and family communication. The solicitor handled both property sales, probate application, and IHT. They met monthly to coordinate. Solicitor charged £10,200 (1.5% of estate) rather than the typical £13,600-£17,000 (2-2.5%) because David reduced the administrative burden. David gained peace of mind from professional oversight while saving his family £3,400-£6,800.

How to Appoint a Professional Executor in Your Will

Once you've decided a professional executor is right for your estate, the appointment process requires careful attention to ensure legal validity and avoid future problems.

Step 1: Choose Your Professional Executor Type and Provider

Research options using Law Society directory (England/Wales), Scottish Law Society directory, or specialist probate firm directories. Interview 2-3 potential professional executors to compare fees, expertise, and rapport.

Questions to ask:

  • What percentage fee do you charge, and what's included?
  • How many estates of similar value to mine do you administer annually?
  • What's your process for keeping beneficiaries informed?
  • Do you carry professional indemnity insurance, and what's the coverage limit?
  • If I appoint you specifically (named individual), what happens if you retire before I die?

Step 2: Confirm Fee Structure and Charging Clause

Request written fee schedule before naming them in your will. Understand charging basis: percentage of estate vs hourly rate vs fixed fee.

Your will must include language authorizing the professional executor to charge—most firms provide template wording.

Standard clause example: "I appoint [Name/Firm] as executor and trustee of my estate and authorize them to charge reasonable professional fees in accordance with their standard fee schedule current at the date of my death, plus VAT and disbursements."

Step 3: Specify Firm vs Individual Appointment

Appointing the firm: Safer option—"I appoint Jones & Smith Solicitors"—means any solicitor at the firm can act if your specific contact retires/leaves.

Appointing named individual: "I appoint Sarah Jones of Jones & Smith Solicitors"—creates continuity risk if Sarah retires.

Best practice: Appoint the firm with a preference clause: "I appoint Jones & Smith Solicitors, and request that Sarah Jones handle my estate administration if she is still with the firm at my death."

Step 4: Decide on Sole or Joint Appointment

Sole professional executor: Simplest, fastest decision-making, but no family involvement.

Professional plus family co-executor: Balances expertise with personal knowledge (see previous section on hybrid approach).

Multiple professionals: Rarely advisable—doubles fees without added benefit unless estate has highly specialized assets requiring different expertise (international tax lawyer plus business valuation specialist).

Step 5: Include Substitute Executor Provisions

Firm dissolution protection: "If Jones & Smith Solicitors is no longer practicing at my death, I appoint [Alternative Firm] as substitute executor."

Individual incapacity protection: "If Sarah Jones is unable or unwilling to serve, I appoint [Alternative] as substitute executor."

Step 6: Create Your Will with the Appointment

Using a solicitor: Discuss executor appointment in initial consultation—they can recommend themselves or another professional.

Using online will platform: WUHLD's platform allows you to appoint professional executors and automatically includes appropriate charging clause language. Simply enter the professional's name and firm details when prompted.

DIY will warning: If writing your own will without professional guidance, ensure your professional charging clause language is legally valid—invalid clauses mean your chosen professional can't charge and may refuse to serve.

Step 7: Inform Your Chosen Executor

Contact your chosen professional executor to confirm they accept the appointment—don't assume they'll agree. Send them a copy of your signed will (or notify them where it's stored). If your estate circumstances change significantly (large inheritance, business sale, property purchase), inform your executor so they can plan accordingly.

Step 8: Store Your Will and Notify Beneficiaries

Many professional executors offer free will storage if appointed as executor. Tell your beneficiaries who your executor is and how to contact them—prevents delays after your death.

When Edward decided to appoint a professional executor for his £720,000 estate (including a buy-to-let portfolio), he interviewed three probate firms. He chose Laurelo based on their transparent pricing (1.5% fixed) and portfolio expertise. His will stated: "I appoint Laurelo Limited as executor and trustee of my estate and authorize them to charge their standard professional fees current at my death, plus VAT." He provided Laurelo with a copy of his signed will and updated them annually on his property portfolio changes. When Edward died three years later, Laurelo had complete estate information and administered it efficiently in 9 months.

Common Mistakes When Appointing Professional Executors (and How to Avoid Them)

Even with good intentions, executor appointments can go wrong. These common mistakes cost estates thousands—sometimes tens of thousands—in unnecessary fees or complications.

Mistake 1: Accepting "Free Will" Offers from Banks/Firms in Exchange for Executor Appointment

The trap: Some banks and firms offer free will-writing if you appoint them as executor—seems like a bargain.

The problem: You're locked into expensive executor fees (2-4% of estate) that can total £10,000-£40,000—far more than the £150-£500 you "saved" on will drafting.

Watch out for companies that offer free or cheap will-writing services in exchange for being your executor. Fees can be extortionate and it can be difficult for beneficiaries to replace an executor after you die.

Better approach: Pay upfront for quality will drafting (£150-£500) and choose your executor independently based on best value.

Mistake 2: Forgetting to Include a Professional Charging Clause

The problem: Without explicit authorization in your will, professionals can't charge for executor services under Trustee Act 2000 Section 28.

Consequence: Your chosen professional may decline to serve, or beneficiaries must all agree in writing to fee arrangements after your death (creating delays and disputes).

Solution: Always include charging clause language when appointing professional executors—online platforms like WUHLD include this automatically.

Mistake 3: Appointing a Bank When a Solicitor Would Be Cheaper and Better

The problem: Banks charge 2-4% (double solicitor rates) and provide impersonal service.

Evidence: Which? survey found only 58% customer satisfaction with Barclays probate services, 67% with HSBC.

When banks make sense: Only for estates £2 million+ requiring ongoing trust management across generations, or longstanding private banking relationships.

Better approach: For most estates under £2 million, solicitors or specialist firms provide better value and service.

Mistake 4: Appointing a Named Individual Instead of the Firm

The problem: If you appoint "Sarah Jones, Solicitor" and she retires, moves, or dies before you, the appointment may fail.

Consequence: Your will may need to fall back on substitute executor, or court may need to appoint administrator.

Solution: Appoint "Jones & Smith Solicitors" (the firm) with optional preference for specific solicitor: "requesting Sarah Jones handle my estate if available."

Mistake 5: Not Comparing Fees Before Appointment

The problem: Professional executor fees vary wildly: 1.5% to 4% of estate value.

Cost difference: On £500,000 estate, that's £7,500 vs £20,000—a £12,500 difference.

Solution: Interview at least 3 potential executors, request written fee schedules, compare services included.

What to compare:

  • Percentage rate or hourly rate
  • What's included (probate application, property sale, tax filing, beneficiary accounts)
  • VAT treatment
  • Disbursements (additional costs)

Mistake 6: Failing to Update Executor Appointments as Circumstances Change

The problem: You appointed a professional executor when your estate was £300,000, but it's now £800,000—fees have tripled.

Alternative problem: You appointed an expensive professional when your estate was complex, but you've since simplified it—no longer worth the cost.

Solution: Review your will and executor appointments every 3-5 years or after major life changes (inheritance, business sale, property purchase, simplification of assets).

Mistake 7: Appointing Too Many Professional Executors

The problem: Appointing 2-3 professional executors means each may charge separately, multiplying fees.

Example: Estate £600,000 with 3 professional executor firms, each charging 1.5% = £9,000 × 3 = £27,000 total (4.5% of estate).

Better approach: One professional executor is sufficient. If you want checks and balances, appoint one professional plus one family member, not multiple professionals.

Mistake 8: Not Informing the Professional Executor of the Appointment

The problem: You appoint a solicitor in your will but never tell them—they're unaware until after your death.

Consequence: They may have retired, changed firms, or be unwilling to serve—causing delays.

Professional courtesy: Executors should always be consulted before appointment and provided with updated estate information.

Solution: Confirm acceptance in writing, provide will copy, update annually on significant estate changes.

Mistake 9: Choosing the Cheapest Option Without Considering Expertise

The problem: Lowest fee isn't always best value—inexperienced executors make costly mistakes.

Example: Executor charged 1% (£5,000) but missed £60,000 Business Property Relief claim, costing estate £24,000 in unnecessary IHT—net loss £19,000.

Solution: Evaluate expertise, track record, professional memberships (STEP, Law Society accreditation), and references—not just price.

How to Avoid All These Mistakes

Research thoroughly before appointment. Compare at least 3 professional executor options. Understand fee structures completely. Include proper charging clauses. Appoint firms not individuals (with preference for specific person). Inform and confirm with chosen executor. Review and update every 3-5 years. Consider hybrid appointments to balance cost and expertise.

Frequently Asked Questions

Q: How much does a professional executor cost in the UK?

A: Professional executor costs typically range from £3,500 to £20,000 or more for full estate administration. Solicitors usually charge 1.5-2.5% of the estate value plus VAT, while banks charge 2-4%. For a £500,000 estate, expect £7,500-£12,500 in solicitor fees or £10,000-£20,000 for bank executor services. These fees are separate from the £273 court fee for applying for probate.

Q: What is the difference between a professional executor and a family executor?

A: A professional executor (solicitor, bank, or trust company) has specialized expertise in estate administration and is held to higher legal standards under the Trustee Act 2000. Family executors serve without fees but may lack experience with complex estates. Professional executors charge 1.5-4% of the estate value but provide indemnity insurance, technical knowledge, and impartial administration—especially valuable for estates over £500,000 or involving family disputes.

Q: Can a solicitor charge for being an executor in the UK?

A: Yes, solicitors can charge for executor services under Section 28 and 29 of the Trustee Act 2000, but only if the will includes a professional charging clause or all beneficiaries agree in writing. Without this authorization, solicitors must serve as executors without payment. Most solicitors will only accept executor appointments if the will explicitly permits them to charge for their services.

Q: When should I appoint a professional executor instead of a family member?

A: Consider appointing a professional executor if your estate exceeds £500,000, includes business assets or overseas property, involves trusts for minors or vulnerable beneficiaries, or you anticipate family disputes. Professional executors are also advisable if you lack suitable family members, want to spare relatives the administrative burden, or have complex tax planning requirements that demand specialized expertise.

Q: What are the pros and cons of appointing a bank as executor?

A: Bank executors offer institutional permanence (they won't die or become incapacitated) and financial expertise for large estates. However, they charge 2-4% of the estate value—often double solicitor rates—provide impersonal service, and frequently outsource legal work to solicitors anyway. Most experts recommend solicitors or specialist probate firms over banks unless you have a longstanding relationship with the bank's private client team.

Q: Can I remove a professional executor after they've been appointed in my will?

A: Yes, while you're alive you can change your will at any time to remove a professional executor and appoint someone else. After your death, beneficiaries can apply to the court to remove an executor for misconduct, incapacity, or unreasonable delays, but this is costly (often £20,000+ in legal fees) and difficult. It's far better to choose the right executor initially or review your will regularly.

Q: What happens if a professional executor makes a mistake administering my estate?

A: Professional executors are held to higher standards of care than family members under common law. If they breach their fiduciary duties—such as failing to maximize estate value, distributing assets incorrectly, or missing tax deadlines—they can be held personally liable for financial losses. Most professional executors carry indemnity insurance to cover such claims. Claims against executors increased by 21% in 2023, with 87 cases of executor misconduct filed in UK courts.

Conclusion

Key takeaways:

  • Assess your estate complexity honestly: If your estate exceeds £500,000, involves business assets, overseas property, or ongoing trusts, professional executors (£7,500-£20,000) typically prevent far costlier mistakes and family disputes.
  • Compare all three professional executor types: Solicitors (1.5-2.5%) offer best value for most estates £300,000-£2 million; banks (2-4%) are expensive and impersonal; specialist firms (1-5%) provide cost-effective expertise for straightforward complex estates.
  • Consider the hybrid approach: Appointing a family member alongside a professional executor balances personal knowledge with technical expertise, often reducing professional fees by 30-50% while maintaining oversight.
  • Include proper legal authorization: Your will MUST include a professional charging clause under Trustee Act 2000 Section 28, or your chosen professional may refuse to serve. Quality will platforms like WUHLD include this automatically.
  • Review executor appointments every 3-5 years: As your estate grows, simplifies, or family circumstances change, your executor choice should evolve. What worked at age 45 may not suit you at 65.

Choosing the right executor—whether professional, family, or a combination—is one of the most protective decisions you can make for the people you'll leave behind. It's not about distrust or expense; it's about ensuring your life's work transfers to your loved ones smoothly, legally, and without the burden of preventable mistakes. The peace of mind this brings, both to you now and to your family later, is worth far more than any fee.

Need Help with Your Will?

Choosing the right executor—whether professional, family, or a combination—protects your estate and spares your loved ones unnecessary burden. The guidance above helps you evaluate your options based on estate complexity, family dynamics, and cost considerations. Once you've decided who should serve as your executor, the next step is creating a legally valid will that appoints them properly.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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