Understanding the Key Roles in a Will: Who Does What?
When it comes to estate planning, creating a will is one of the most thoughtful and responsible steps you can take to protect your loved ones and ensure your wishes are honoured after you’re gone. But while many people understand the importance of having a will, few are clear about the specific roles involved in carrying out its instructions.
In this post, we’ll break down the main roles typically named in a will — including what each person is responsible for and why it’s crucial to choose them carefully.
1. Testator
Who they are:
The Testator is the person who makes the will. It’s their property, assets, and personal wishes that the document outlines.
What they do:
The Testator decides how their estate will be distributed when they die, names the people they want to inherit their property (beneficiaries), and appoints trusted individuals to other important roles, such as the Executor, Trustee, and Guardian.
Key responsibilities:
- Drafting and signing a legally valid will
- Naming beneficiaries and other key roles
- Detailing how debts and taxes should be handled
Example:
If Jane writes a will to leave her home to her daughter and her savings to charity, Jane is the Testator.
2. Executor
Who they are:
The Executor is the person (or people) named in the will to carry out the Testator’s wishes after their death. There is a minimum of one and a maximum of four, some people choose to nominate a Professional to do this job for them, especially if their estate is complex.
What they do:
The Executor is responsible for managing the estate, ensuring that debts and taxes are paid, and distributing property according to the will.
Key responsibilities:
- Locating and reviewing the will
- Applying for probate (legal permission to administer the estate)
- Collecting and valuing assets
- Paying off debts and taxes
- Distributing assets to beneficiaries
Example:
Jane names her sister, Mark, as the Executor of her will. After Jane’s death, Mark will be legally responsible for settling Jane’s estate.
3. Trustee
Who they are:
A Trustee is someone appointed to manage assets left in a trust created by the will so they need to be someone you trust, often on behalf of beneficiaries who are minors or others unable to manage the inheritance themselves. Some people choose to nominate a Professional to do this job for them
What they do:
The Trustee manages the trust’s property according to the terms set out in the will and acts in the best interests of the beneficiaries.
Key responsibilities:
- Holding and managing trust assets
- Making distributions according to the will’s instructions
- Keeping records and reporting as required
Example:
Jane leaves £50,000 in a trust for her 12-year-old nephew until he turns 21, appointing her friend, Lucy, as the Trustee, Lucy has to make sure that the cash gift is invested safely until the nephew becomes 21.
4. Guardian
Who they are:
A Guardian is a person named in the will to take legal responsibility for minor children or dependent adults if both parents or current legal guardians pass away.
What they do:
The Guardian provides day-to-day care, makes decisions about education, health care, and general welfare, and may also manage any assets left to the child if no separate Trustee is named.
Key responsibilities:
- Caring for minor children or dependents
- Making decisions in their best interests
- Managing inherited assets if no Trustee is appointed
Example:
In her will, Jane names her brother, Alex, as Guardian for her 8-year-old daughter should something happen to her.
5. Beneficiary
Who they are:
A Beneficiary is anyone who stands to receive property, money, or other gifts from the estate.
What they do:
Beneficiaries have no responsibilities in administering the estate although they can also be Executors and/or Trustees, but they are entitled to receive whatever the will has allocated to them once the estate is settled.
Example:
Jane leaves her house to her daughter and her jewellery collection to her niece. Both are beneficiaries.
6. Substitute (Reserve) Beneficiary
Who they are:
A Substitute Beneficiary (sometimes called a reserve beneficiary) is a person or organization designated to receive an inheritance if the original beneficiary dies before the Testator or cannot accept the inheritance.
What they do:
They only receive an inheritance if the primary beneficiary is unable to.
Example:
Jane leaves £10,000 to her friend, Sam. If Sam passes away before Jane, the money goes to a substitute beneficiary — Sam’s daughter, Emily.
Final Thoughts
When writing a will, it’s essential to carefully consider who you appoint to these key roles. Each position comes with its own responsibilities and legal authority, and the choices you make will directly impact how smoothly your estate is handled after you’re gone.
Whether you’re drafting your first will or updating an existing one, consulting with an estate planning attorney can help you understand these roles and ensure your will accurately reflects your intentions.
Need help getting started?
Consider writing down your preferred choices for each of these roles and having an open conversation with them about your wishes — it’s a vital step in securing peace of mind for you and your loved ones.
