When someone passes away, two roles often come into focus: the executor and the trustee. These terms are sometimes used interchangeably, and it’s easy to assume they mean the same thing. But they don’t, and if you’ve been named in either capacity, or you’re planning your own will, understanding the distinction could save a great deal of confusion down the line.
Both roles carry real responsibility, and both are built on trust. But they exist for different purposes, operate over different timescales, and come with different legal duties.
Here’s a plain-English guide to what each role involves.
What does an executor do?
An executor is the person (or people) named in a will to deal with the deceased’s estate.
Their job is to bring things to a close: gather in the assets, settle any outstanding debts, pay any tax that’s due, and distribute what remains to the beneficiaries.
Think of it like winding down a business. There’s a clear start point — the death — and a clear end point — when everything has been distributed and accounted for. Typical executor tasks include registering the death, notifying banks and institutions, arranging valuations of property, applying for a Grant of Probate (the legal authority to deal with the estate), and calculating any Inheritance Tax owed.
It’s a finite role. Once the estate is fully administered, the executor’s responsibilities come to an end. In straightforward cases, this might take six to twelve months. In more complex estates, those involving property, business interests, or disputes, it can take considerably longer.
What does a trustee do?
A trustee has a longer-term job. When a will sets up a trust, perhaps to hold money for children until they reach a certain age, or to protect assets for a vulnerable family member, a trustee is appointed to manage those assets on behalf of the beneficiaries.
Where an executor’s role is temporary, a trusteeship can last for years or even decades. The trustee must manage the trust assets responsibly: making sound investment decisions, keeping accurate records, distributing income or capital in line with the trust’s terms, and acting in the best interests of all beneficiaries at all times.
Trusts also bring their own tax obligations. Trustees may need to register the trust with HMRC, file annual tax returns on behalf of the trust, and ensure that any income or gains are taxed correctly.
When the two roles overlap
In most wills, the same people are appointed as both executor and trustee. This makes practical sense; they already know the estate, they’ve built up the paperwork, and the transition feels natural.
But these are still two legally distinct roles, and there’s a clear dividing line between them. The shift happens when the executor formally transfers assets into the trust, from that moment, their duties change, even if the person carrying them out stays the same. They move from winding things up to managing assets for the longer term.
It’s worth bearing in mind that the qualities needed for each role aren’t always the same. An executor needs to be organised, decisive, and good at managing paperwork within a defined timeframe. A trustee needs patience, sound judgement, and the ability to act impartially over many years. The best person for one role isn’t always the best person for the other.
Who can take on these roles?
Anyone aged 18 or over can act as executor or trustee, and it’s possible to appoint a professional, such as a solicitor or a trust corporation, in either capacity.
There is one important legal requirement for trustees to be aware of: where a trust holds property, there must be at least two trustees (or a trust corporation) to give a valid receipt for the proceeds of sale. A sole trustee can create real practical difficulties in this situation, so it’s worth getting the numbers right in your will.
When choosing who to appoint, think about more than just who you trust most. Consider whether they’re likely to be available when the time comes, whether they have the temperament for what could be a long and sometimes complicated role, and, crucially, whether they’re willing. Having a frank conversation with your intended appointee before finalising your will is always a sensible step.
What happens if something goes wrong?
Both executors and trustees are subject to legal duties, and they can be held personally liable if they fail to meet them. An executor who distributes assets before settling debts, or a trustee who makes a careless investment without taking appropriate advice, could be personally responsible for any losses that result.
Beneficiaries have the right to challenge decisions made by an executor or trustee, and in serious cases can apply to the court to have them removed. This isn’t a theoretical risk; it happens, and it’s one of the reasons why taking these appointments seriously from the outset is so important.
If you’re ever unsure about your duties as an executor or trustee, seeking legal advice early is always the right move.
How Dudden Law can help
Whether you’re writing or updating your will and thinking carefully about who to appoint, or you’ve been named as an executor or trustee and aren’t quite sure where to start, our wills and probate team in Cardiff is here to help.
We work with clients across South Wales to guide them through estate administration, trust management, and will planning, offering clear, practical advice that cuts through the jargon. We understand these situations often arise at difficult times, and we’ll support you through every step with care and patience.
Speak to us today
If you have questions about executors, trustees, or planning your estate, our team at Dudden Law is here to help. We offer a free first consultation so you can get clear, straightforward advice without any obligation.
Insight by
Carrieanne Greenway
