v INDEPENDENT, LOCAL AND PROUD v 25th June 2026 • The HERALD • Page 67 ASK A PROFESSIONAL Understanding The Roles Of Executors And Trustees by Kelly Dawkins, Head of Private Client at TMT Legal Services When making a will, you place signi cant trust in those chosen to carry out your wishes. Executors and trustees are o en the same individuals, but their roles are legally distinct. In this article Kelly explains the di erence between the two roles and the key responsibilities and legal duties each involves. An executor administers the estate a er death. This is a temporary role that ends once the estate is fully settled and distributed. eir responsibilities include collecting and valuing assets, paying debts and taxes, obtaining probate, and distributing the estate to bene ciaries. Executors are accountable to beneficiaries and creditors throughout. A trustee takes on a longer-term responsibility where a will creates a trust, for example for children or vulnerable bene ciaries. Trustees manage and invest trust assets, make distributions in accordance with the will and ensure tax and reporting obligations are met. ey must always act in the best interests of the bene ciaries. It is common for executors to become trustees once estate administration is complete. At this stage, their focus shi s from distributing assets to managing them over time. Executors and trustees must be over 18 and can be family members, friends, or professionals. It is important to choose individuals who are willing, capable, and likely to be available when needed. Where a trust includes property, at least two trustees are usually required. Both executors and trustees must act with care and integrity, avoid con icts of interest, keep proper records, and treat bene ciaries fairly. ey can be held personally liable if they fail to carry out their duties correctly. Appointing the right people is essential to ensuring your wishes are carried out effectively. For more complex estates, taking professional advice can help avoid di culties and ensure the appropriate structure is in place. If you would like guidance on appointing executors or trustees, or on dra ing or updating your will, the friendly team is there to help. Please get in touch with TMT to discuss your needs and ensure your arrangements are clear, effective and tailored to your circumstances. Pop into our o ces in Hythe, Chandler’s Ford or Bitterne Village. Visit: www.tmtlegalservices. co.uk or call: 0333 188 4758. Kelly Dawkins, Head of Private Client at TMT Legal Services
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