Can My Child Be My Executor?

The main legal requirement to bear in mind is that an executor must be at least 18 years old at the time they take up the role, which is usually the date of your death or shortly after, rather than the date the will was written. There is no upper age limit, and no requirement for any particular level of financial or legal knowledge.

This means you can name a child who is currently under 18 as a future executor in your will, but you should also appoint an adult executor, or substitute, to act in the meantime if you were to die before that child reaches adulthood.

Where there is more than one adult child, some parents appoint just one, often the eldest, the most organised, or the one living closest, while others appoint two or more children jointly to share the responsibility and avoid any sense that one child has been favoured over another.

There is no single right answer, and the decision depends on your family's dynamics. Appointing siblings jointly can work very well where they get on and communicate easily, but can create friction or delay if they disagree about how to handle the administration, since major decisions generally need to be made together.

There is a practical limit on how many executors can formally act: only a maximum of four executors can take out a grant of probate in respect of the same property, so if you have more than four children and want to involve them all, you may need to appoint some as substitutes rather than all as primary executors.

A workable approach for larger families is to name two or three children as primary executors, with the remaining children named as substitutes, ensuring everyone has a defined role without exceeding the practical limit on who can formally apply for the grant.

Parents sometimes worry that naming one child as executor, rather than all of them jointly, will be seen as favouritism. In practice, being named executor is a role involving work and responsibility rather than a mark of favour, and it is entirely separate from how your estate is divided between children as beneficiaries.

If you are concerned about how this will be perceived, a brief explanation in a letter of wishes, for example noting that one child was chosen because they live nearby or have relevant experience, can help manage expectations and reduce any sense of being overlooked.

If your children are currently minors, you cannot appoint them as your acting executor now, since the role requires the person to be at least 18. Instead, name an adult you trust, such as your spouse, a sibling, or a close friend, as executor for the time being, and consider updating your will once your children reach adulthood if you would then prefer to appoint them.

This is a good example of why reviewing your will periodically matters: an appointment that made sense when your children were young may no longer reflect your wishes once they are adults capable of taking on the role themselves.