« Back to News

Executors vs Trustees: What’s the Difference?

07 April 2026

When planning your will, you’ll likely come across two important roles: executors and trustees.

They’re often the same people, but their responsibilities are quite different. Understanding how they work can help you choose the right people and avoid problems for your loved ones later on.

What Does an Executor Do?

An executor is responsible for dealing with your estate after you pass away.

Think of them as the person who wraps everything up.

Their key responsibilities:

• Registering the death
• Collecting your assets (money, property, possessions)
• Paying off debts, bills, and taxes
• Applying for probate
• Distributing what’s left to your beneficiaries

 Important:
This role is temporary. Once everything has been sorted and distributed, the executor’s job is finished.

What Does a Trustee Do?

A trustee steps in when your will creates a trust, for example:

• Leaving money to children until they reach a certain age
• Providing for a vulnerable family member
• Managing property or investments long-term

Their key responsibilities:

• Managing and investing trust assets
• Protecting property or money
• Making payments to beneficiaries
• Handling ongoing tax responsibilities

Important:
This role is long-term; it can last years or even decades.

The Key Difference (Simple View)

• Executor = short-term - winds up the estate
• Trustee = long-term - manages assets over time

When Executors Become Trustees

In many wills, the same people are named as both executor and trustee.

In practice:

1. They start as executors, dealing with the estate
2. Then switch to trustees once assets move into a trust

Even though it’s the same person, the legal responsibilities change at that point.

Who Should You Choose?

Anyone over 18 can take on these roles, including professionals like solicitors.

When choosing someone, consider:

• Are they trustworthy and organised?
• Will they be available when needed?
• Do they have the right skills (especially for managing money long-term)?

 Tip:
It’s usually best to appoint 2-4 people, and for trusts involving property, you’ll need at least two trustees.

Legal Duties (and Risks)

Both executors and trustees have serious legal responsibilities. They must:

• Act in the best interests of beneficiaries
• Keep accurate records
• Avoid conflicts of interest
• Act with reasonable care and skill

 They can be personally liable if things go wrong, for example:

• Paying beneficiaries before settling debts
• Making poor investment decisions without advice

Can They Be Paid?

• Family/friends: usually unpaid, but can claim reasonable expenses
• Professionals (e.g. solicitors): can charge fees (usually stated in the will)

What If Someone Can’t Act?

Life changes, and sometimes people can’t take on the role.

• Executors can step down (if they haven’t started acting yet)
• Trustees can retire, as long as enough remain in place
• Courts can step in if there are serious issues

Why This Matters for Families

Property, family situations, and long-term care needs are common in estates. That makes choosing the right executors and trustees especially important if:

• You own property
• You have children under 18
• You want to protect vulnerable beneficiaries
• Your estate has any complexity

Executors and trustees play very different roles, even if they’re the same people.

• Executors sort everything out
• Trustees look after things long-term

Taking time now to choose the right people and getting proper advice if needed, can make a huge difference to how smoothly things are handled later.

Not sure who to appoint in your will? We’re here to make things simple. Speak to our team for clear, practical advice tailored to you and your family. Call 01202 294411 or go online: Contact Us AB Solicitors For Your Legal Needs

 

---

Further Information