Funeral wishes and your will
While funeral wishes can be included alongside your will, it’s important to understand how they work and where they’re best recorded.
Choosing trustees for your will: what they do and how to choose
Trustees are the people you name in your will to look after any money, property or other assets that will be held in trust after you die. This guide explains what trustees do and how to choose the right people for the role.
What is a trustee of a will?
A trustee is someone you appoint in your will to look after money, property or other assets that will be held in trust after you die.
A trust is a legal arrangement where one or more people (the trustees) are the registered legal owners of things (assets), but they manage them for someone else’s benefit (the beneficiaries).
This page focuses on the role of the trustees. If you want to know more about trust wills generally, read our guide to trusts in wills.
Trustees often:
- manage property or money that is held in trust
- support a vulnerable beneficiary who needs their inheritance protected
Trustees must follow the instructions in your will and act in the best interests of the beneficiaries.
It’s common for the same people to be both executors and trustees, but it’s not required.
What does a trustee of a will do?
Trustees manage the assets placed in trust once the executors have finished dealing with the estate. Their responsibilities continue for as long as the trust lasts – this could be a few years or several decades.
Trustees must follow the terms of the trust in the will and act in the best interests of all beneficiaries.
The difference between trustees and executors
Executors and trustees have different roles, although many people choose the same individuals for both.
Executors deal with the estate after someone dies. Trustees manage any ongoing trust created by the will.
| Role | Executors | Trustees |
|---|---|---|
| What they do | Administer the estate by collecting information, valuing assets, paying debts and taxes, and distributing what’s left to beneficiaries. | Manage the trust for the beneficiaries, following the instructions in the will. |
| When the role starts | Immediately after death. | After the executors finish their work and the trust begins. |
| How long the role lasts | Short term, until the estate is fully distributed. | Medium to long term, for as long as the trust lasts. |
| Who they answer to | They answer to beneficiaries and HMRC, and must follow the probate process. | They answer to beneficiaries and are governed by trust law. |
| How many can act | Up to 4 executors. | It’s best to have at least 2 trustees, especially where property is involved. |
Check which will is right for you
Different types of will offer different levels of protection and flexibility. Our interactive tool helps you find the option that best suits your needs.
Choosing trustees for your will
It’s important to choose trustees who are trustworthy, capable and show that they're responsible with money. They must also be willing to take on the role. Being a trustee can involve time, responsibility and long-term decision making.
A good trustee will:
- be organised and able to keep records
- be financially responsible
- understand the needs of the beneficiaries
- be able to make fair and balanced decisions
- be willing to seek professional advice if needed
Professional trustees
You can appoint a professional trustee, such as a solicitor or accountant. This is helpful if your trust is complex or if you want an independent person involved.
Professional trustees usually charge fees. If you choose a professional, your will should make clear that they can be paid for their work.
Can a beneficiary be a trustee?
Yes, a beneficiary can also be a trustee. However, they must:
- still act fairly and put the interests of all beneficiaries first
- follow the instructions in the will, not their own personal preferences
In some cases, it might be sensible to appoint an extra trustee who is not a beneficiary, especially if there could be disagreements or conflicts of interest.
How problems with trustees are handled
While it’s important to choose your trustees carefully, beneficiaries of trusts have strong legal protections, and there are safeguards if something goes wrong. These rules exist to make sure your wishes are followed and your beneficiaries are protected.
What if my trustees disagree?
If trustees can’t agree on a decision, things usually pause until they can resolve the issue. If they can’t come to an agreement, they can go through a legal mediation process. This means a judge will make the final decision on what to do.
While disagreements can be frustrating, there are clear legal processes in place to resolve any problems.
What if my trustees don’t follow my wishes?
Trustees are legally required to act:
- in line with the terms of the will or trust, and
- in the best interests of the beneficiaries
If they don’t, beneficiaries can challenge their actions and could ask for a trustee to be removed.
Who is accountable if a trustee doesn’t do their job?
Trustees are held to very strict legal standards and must be able to show they have always acted properly.
They are personally responsible for how they manage the trust. If a trustee doesn’t carry out their duties and cause a loss, they can be required to repay it from their own money.
Trustees and property
When a property is held in trust, the trustees hold the legal title, but they do not own the property for themselves. They hold it on behalf of the beneficiaries. Trustees must follow the terms of the trust when choosing what to do with the property.
In practice, this means:
- the trustees’ names may appear on the title deeds at HMLR
- they are responsible for looking after the property and making decisions about it
- they cannot use the property for their own benefit unless the trust specifically allows it
- any decision they make must be in the best interests of the beneficiaries
Holding legal title gives trustees the authority they need to manage the property. However, it does not give them personal ownership or the right to treat the property as their own.
If the trust includes land or a home, at least 2 trustees are usually required to deal with the legal ownership, and especially for the handling of sale proceeds. This helps protect the beneficiaries and ensures decisions are not made by one person alone.
Ready to make a trust will?
Whether you're ready to make a trust will or want some advice, call us or request a callback to talk to an advisor.
As part of the Co-op Group, our values of openness, honesty, social responsibility and caring for others are core to the service we provide.
Related articles
