Choosing an executor for a will: can I appoint my boyfriend if we bought our house as tenants in common?

Question: My boyfriend and I bought our house as tenants in common and we know we’re supposed to make wills.

We want to leave everything to each other. Our solicitor says we must choose executors before he can do our wills.

Is it difficult to be an executor? Who should we choose? Can I appoint my boyfriend if I’m leaving it all to him?

Answer: The executor administers your estate after your death and carries out the instructions in your will.

This can involve a lot of responsibility and work, and can be time-consuming.

You can appoint up to four executors as long as they are 18 or over, although it’s not always practical to have so many as they have to act jointly.

You can appoint your boyfriend as there is nothing stopping a beneficiary under a will being an executor but he will be unable to witness your signature to your will.

Consider appointing two executors in case one of them predeceases you. Ask if they are prepared to do it.

Often people appoint professionals, such as solicitors or accountants, with specialist knowledge. They will charge a fee.

You could talk to your solicitor about appointing him, perhaps jointly with your boyfriend.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, emaillegalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here.

Fiona McNulty is a solicitor specialising in residential property.