Professional Executor UK (2026): Should You Appoint a Solicitor, Accountant, or Bank as Executor?

A professional executor is a person or organisation appointed in a will to administer an estate, who will charge for their services. This is distinct from a lay executor (friend, family member, or business partner) who typically does not charge: (1) WHO CAN BE A PROFESSIONAL EXECUTOR: (a) SOLICITORS: solicitors (and law firms) are the most common professional executors. A solicitor named as executor may also act as the solicitor to the estate, earning legal fees in addition to executor remuneration; (b) TRUST CORPORATIONS: a trust corporation is a company authorised to act as trustee and executor (e.g. large banks, specialist trust companies, and the Public Trustee). Trust corporations can act as sole executor, unlike individuals who cannot easily be sole executor for certain purposes; (c) BANKS: high-street and private banks offer executor and trustee services, typically through their trust divisions. Bank executor services tend to be expensive; (d) ACCOUNTANTS AND OTHER PROFESSIONALS: accountants are sometimes appointed as co-executors, particularly for estates with complex business interests. They will also charge professional rates; (e) THE PUBLIC TRUSTEE: a government body that can act as executor or administrator of last resort when no other person is available; (2) THE KEY DIFFERENCE FROM A LAY EXECUTOR — CHARGING RIGHTS: a lay executor has no right to charge for their time unless the will expressly grants a charging clause. A professional executor must have an express charging clause in the will to be paid — without one, even a solicitor cannot charge more than their disbursements. The charging clause is therefore a critical provision; (3) WHAT PROFESSIONAL EXECUTORS DO: a professional executor performs the same duties as any executor — collecting assets, paying debts and IHT, distributing the estate — but with professional expertise and, typically, professional indemnity insurance backing their work.

Professional executor fees are a significant cost — often the largest single cost of estate administration for complex estates: (1) TYPICAL CHARGES: (a) SOLICITOR EXECUTOR: a solicitor acting as executor typically charges either: a percentage of the gross estate value (commonly 1.0–1.5% for straightforward estates; 2–3% for complex estates); or hourly rates for time spent (typically £200–£400+ per hour for a senior solicitor); or a fixed fee agreed in advance (less common but available); (b) TRUST CORPORATIONS AND BANKS: bank and trust company executor charges are typically set by tariff, often around 1.5–3% of the gross estate value plus disbursements. On a £1,000,000 estate this is £15,000–£30,000 before disbursements; (c) THE COMBINED ROLE — EXECUTOR AND ESTATE SOLICITOR: a solicitor who acts as both executor and solicitor to the estate may charge both executor remuneration AND legal fees for specific legal work. This double-charging risk is a key concern; (2) THE CHARGING CLAUSE — ESSENTIAL PROVISION: a charging clause in the will explicitly authorises the professional executor to charge for their work. Without a charging clause, any professional acting as executor can only claim reimbursement of out-of-pocket expenses — not professional remuneration. The charging clause typically reads: 'Any of my trustees or executors who is a solicitor or other professional person may charge and be paid all usual professional charges for business done by him or his firm in connection with the administration of my estate and the trusts of this will'; (3) STEP STANDARD PROVISIONS: many solicitor-drafted wills incorporate the Society of Trust and Estate Practitioners (STEP) Standard Provisions. These include a comprehensive charging clause (Clause 4 of the STEP Standard Provisions Second Edition) that authorises professional trustees and executors to charge on the basis they would charge to a client for equivalent work. The STEP provisions are incorporated by reference in the will — reducing the will's length but requiring familiarity with the Standard Provisions; (4) VAT: professional executor fees are typically subject to VAT at 20%, increasing the effective cost significantly.

Professional executors are appropriate in some circumstances but are often unnecessary — and expensive — for straightforward estates: (1) WHEN A PROFESSIONAL EXECUTOR IS APPROPRIATE: (a) COMPLEX ESTATES: estates with multiple properties, business interests, overseas assets, significant shareholdings, complex trusts, or unusual assets genuinely benefit from professional expertise. A professional executor brings legal, tax, and valuation knowledge that a lay executor may lack; (b) NO SUITABLE FAMILY MEMBER OR FRIEND: if you have no suitable person to act — perhaps because all family members are elderly, have conflicts of interest, or live abroad — a professional provides certainty that the estate will be administered; (c) FAMILY CONFLICT: if beneficiaries are likely to dispute the estate or the executors' decisions, a neutral professional executor reduces the risk of allegations of bias. A professional can make distributions and decisions that a family member might find difficult; (d) ONGOING TRUSTS: if the will creates a long-term trust (e.g. for minor children; a life interest trust) that will last for many years, a professional trustee who can provide continuity and institutional expertise may be valuable; (e) BUSINESS INTERESTS REQUIRING IMMEDIATE DECISIONS: business assets may require decisions immediately after death — continuing trading, managing employees, dealing with partners — which a professional executor is better placed to handle quickly; (2) WHEN A PROFESSIONAL EXECUTOR IS PROBABLY NOT NEEDED: (a) SIMPLE ESTATES: a straightforward estate with a family home, bank accounts, ISAs, and a pension, passing to a spouse and adult children, does not require a professional executor. A competent lay executor with professional legal advice as needed is almost always cheaper; (b) WHEN THERE IS A TRUSTED LAY EXECUTOR AVAILABLE: a competent adult family member or close friend who is prepared to act, and who will take professional advice when needed, is usually a better choice — lower cost, closer personal knowledge of the family's circumstances; (3) CONFLICTS OF INTEREST: a solicitor who is both the will-drafter, the professional executor, and the estate solicitor has multiple roles and potential conflicts. Consider appointing a lay executor alongside the professional as a check.

Naming a specific solicitor or firm as executor in a will creates risks that are often not explained at the time of drafting: (1) THE NAMED SOLICITOR LEAVES THE FIRM OR RETIRES: if the will names 'John Smith of Brown Smith Solicitors' and John Smith leaves the firm, retires, or dies before the testator, the executor appointment may fail. To address this risk, the will should either: (a) name the firm rather than an individual (though this creates different problems if the firm is taken over); (b) include a replacement provision; (c) give a mechanism for nominating a successor; (2) THE FIRM MERGES, CLOSES, OR IS ACQUIRED: law firms merge, rebrand, and close with some frequency. If your will names a firm that has merged into a larger practice, the merged firm will typically accept the appointment — but without your knowledge or consent. If the firm closes entirely, the appointment fails; (3) THE FIRM'S CHARGES MAY NOT REFLECT CURRENT RATES: a will drafted in 2015 appointing a firm as executor contains no agreed fee schedule. The firm's 2026 charges may be far higher than the testator anticipated when the will was made. There is no mechanism to challenge the charges after death unless they are grossly unreasonable; (4) THE CAPTIVE BUSINESS RISK: a solicitor firm appointed as professional executor has an obvious financial incentive to retain the estate administration work within the firm (rather than refer specialist work to a cheaper or more expert practitioner). Lay executors are free to shop around for the best legal advice — professional executors may not; (5) MONITORING: lay executors are monitored by the beneficiaries and can be removed by the court. Professional executors are also subject to court supervision and SRA regulation — but beneficiaries may feel less comfortable challenging a professional firm's fees and decisions than a lay executor's; (6) BETTER ALTERNATIVES: consider: (a) naming a trusted lay executor as executor, with a separate professional adviser relationship; (b) naming a trust corporation rather than an individual solicitor; (c) including a clear fee cap or rate schedule as a schedule to the will (though professional executors may decline to be appointed on these terms).

A professional executor is not the only way to ensure your estate is well-administered. Several alternatives are worth considering: (1) LAY EXECUTOR WITH PROFESSIONAL ADVICE AS NEEDED: the most common and most cost-effective approach. Name one or more trusted lay executors (adult children; close friends; business partners) and give them flexibility to take legal, tax, and financial advice from professionals as required during the administration. The lay executor controls the process and the cost; the professional adviser charges only for specific work done; (2) LAY EXECUTOR AS LEAD WITH PROFESSIONAL CO-EXECUTOR: appoint a trusted family member as the lead executor, with a professional (solicitor or accountant) as co-executor. This provides professional oversight without giving the professional sole control. The family executor knows the beneficiaries and the family dynamics; the professional handles the technical administration. Ensure the charging clause is clear about who is entitled to charge; (3) NAMING A REPLACEMENT EXECUTOR PROVISION: if the primary executors are unable or unwilling to act, a replacement clause allows a specified person or institution to step in. This provides certainty without the need to name a professional from the outset; (4) THE PUBLIC TRUSTEE: the Public Trustee (a UK government body) can act as executor or trustee as an insurer of last resort. The Public Trustee charges fees set by statutory instrument. This option is suitable where there is genuinely no suitable person available; (5) TRUST CORPORATION AS SOLE EXECUTOR: if a corporate executor is needed, a regulated trust corporation (rather than a specific law firm) provides greater institutional continuity and regulatory oversight. Many trust companies offer competitive fees and neutral professional administration; (6) REVIEWING THE WILL REGULARLY: if circumstances change — a named executor becomes unsuitable; a professional firm closes; a family member becomes available who was not previously — the will should be updated with a codicil or a new will naming appropriate executors.