Executor or Will Trustee: What Is the Difference?

An executor and a will trustee are not the same thing, even though the same person is often appointed to both roles. In short, an executor gathers in and distributes the estate after someone dies, while a trustee holds and manages any assets that are kept in a trust over a longer period. Understanding the difference matters, because the duties, and how long they last, are not the same.

What does an executor do?

An executor is the person named in a will to carry out its instructions. Their job is to administer the estate: registering the death, valuing the assets, applying for the grant of probate, paying any debts and inheritance tax, and then distributing what remains to the beneficiaries. Once the estate has been wound up and everything has been paid out, the executor’s role usually comes to an end.

What does a will trustee do?

A trustee takes over where a trust is created by the will. Instead of an asset being handed straight to a beneficiary, it is held in trust and managed for them, for example, money held for a child until they reach a certain age, or a share of the family home held for a surviving partner for their lifetime. The trustee looks after those assets, makes decisions in the beneficiaries’ best interests, and can remain in place for many years.

Can the same person be both?

Yes, and it is very common. Many wills appoint the same people as executors and trustees, so they first administer the estate and then continue to manage any ongoing trust. The roles are still legally distinct, though: a person acts as executor while winding up the estate, and as trustee once the trust is up and running.

What are their legal duties?

Both roles carry serious legal responsibilities. Executors and trustees must act honestly, in the best interests of the beneficiaries, keep proper accounts, and avoid any conflict between their own interests and those of the estate or trust. Trustees additionally have duties under the Trustee Act 2000, including a duty of care when investing trust assets. Getting these duties wrong can leave an executor or trustee personally liable.

Who should you appoint?

Choose people who are organised, trustworthy and willing to take on the work, and consider appointing more than one, or a professional, for larger or more complex estates. Because a trustee’s role can last years, it is worth thinking about who will still be able to act in the future. We can talk you through the choice when preparing your will. To discuss it, please request a callback.

Getting advice

If you are making a will, or have been appointed as an executor or trustee and are unsure what is expected of you, we can help. Our wills service explains how we prepare wills that are clear about these roles, and our wider wills, trusts and estates team can support you through probate and trust administration.