Should a charity agree to act as executor
of a supporter’s will?
We’ve noticed a lot of charities asking us for advice on this point lately and wanted to share our observations as estate administrators. Note that nothing in this article is legal advice and is only intended as general information.
Charities are sometimes asked by living supporters whether they would be willing to act as executor of their will. This can make sense! Given that 70% of bequests come from individuals with no living direct family, the supporter may not have someone else immediately apparent to ask, and the charity may be a long standing, trusted presence in their life.
Why supporters ask charities to be executor
Supporters typically raise this because:
they trust the charity to act fairly and responsibly
they believe the charity will ensure their wishes are carried out
they may feel uncomfortable asking friends or distant relatives to take on the role
From the charity’s perspective, the request can feel positive and affirming, but it deserves careful consideration.
The pros and cons of agreeing
There can be genuine upsides in agreeing to act as executor.
Pros:
It’s an opportunity to build a closer, trusted relationship with the supporter while they are alive, and potentially ease a stress in their life.
The supporter may be more likely to include, or retain, a significant gift to the charity in their will.
The charity has greater visibility and control over how the estate is administered, which can help manage costs and delays.
We have heard of examples where a supporter has explicitly stated that the majority of their estate will go to the charity who agrees to be executor.
Cons:
There can be a significant administrative burden of being an executor, including tasks like organising funerals, contacting next of kin, cleaning out homes or selling property. Charities are generally not experienced in this work and may have processes that make each step onerous.
Potential staff discomfort when dealing with highly personal matters, such as personal effects and funeral arrangements.
Reputational risk if the will is contested or emotions run high among family members after the supporter passes away.
In one case, a large charity found the process so difficult and stressful that it decided never to agree to act as executor again. We have seen other examples where an estate with a charity executor seems to get “stuck” with the charity feeling very unsure about their role in the process. Remember though, if your charity is nominated as an executor, you are able to hire assistance.
How some charities approach the decision
Rather than having a blanket yes or no, some charities assess requests on a case-by-case basis.
Factors they may consider include:
If the charity declines, is it likely they will lose the gift?
How significant is the bequest relative to the effort and risk involved?
Does the supporter appear to have a complex family situation that could increase the chance of a dispute?
This internal decision-making process often involves senior leadership and, in some cases, the board. You might want to have this conversation before the request arrives so that your supporter isn’t left hanging!
Getting the nomination right
If a charity agrees in principle, it is critical that the supporter’s will is set up properly. Note that this is based on our understanding and not legal advice.
Based on what we have observed:
The will should name a role within the charity, not a specific individual.
For example, naming “the Chief Executive Officer” rather than a named person allows the responsibility to pass with the position over time.
Naming an individual can cause problems if that person leaves the organisation before the will takes effect.
The drafting of the will should ultimately be handled by a solicitor, who is responsible for ensuring the wording is legally valid and not creating future problems.
If your charity does not wish to act as executor
Some charities choose to never act as executor.
If so, a constructive approach is to:
Encourage the supporter to consider a trustee company or solicitor
Reassure them that the charity regularly works with experienced professionals who administer bequests carefully and respectfully
If providing suggestions of solicitors, it is important not to direct them to a single provider. Supplying a short list avoids a perception of undue influence while still being helpful.
Final thoughts
Being named executor is often a sign of deep trust, but it comes with real responsibilities and potential risks for charities.
There is no single right answer. The key is having a clear internal position, understanding the implications, and responding thoughtfully to each request.
- Morgan Koegel, Managing Director, Bequest Assist
