What is an Executor?

The process of writing and interpreting a will seems simple to begin with; surely it is just a case of deciding who should inherit your property, and then putting it in writing? Unfortunately, from the very beginning of the process, making a will involves a string of legal terms and often confusing jargon. One of the most fundamental of these terms (and, usefully, one of the simplest) is 'executor'. This describes the most important individual to be named in the will, and it is therefore important to understand exactly what the term means.

In its broadest sense, the legal and literal meanings of the word are much the same; the executor is simply one who executes, or carries out, a task. In the case of a will, the executor is the individual who is charged with carrying out the tasks outlined by the writer.

Complex Tasks

The directions given in the will may well be complicated and, as such, the executor may have many and varied tasks to carry out. The most important of these is likely to be the disbursement of the deceased individual's estate to the beneficiaries named in the will.

Before this can be done, however, the executor will also be required to arrange for payment of the deceased's remaining debts to be made, and to deal with outstanding claims from creditors. Furthermore, they will be required to calculate and pay tax which might be owed from the estate. Normally the largest such outlay will be inheritance tax, but there may be further unpaid sums which must be accounted for. Another key part of the job of executor is to seek out any other possible heirs, and to assess any claim they might have to part of the estate. Finally, they will be responsible for any other arrangements stipulated in the will, such as donations to charity.

Personal Representative

An executor can also be known as a personal representative; they legally represent the deceased's estate and, as such, assume various rights and responsibilities. In most cases the executor can be sued on behalf of the estate, making it a less than enticing post if the deceased's affairs are not entirely in order. It should also be noted that the executor automatically acquires the title to any property which falls within the estate. In this way, they act as the owner of any property to which a life tenant has a claim. The executor may not, of course, use these titles for their own benefit, unless this is explicitly provided for in the will.

The post of executor is a difficult one and, as such, it is sometimes the case that, upon the death of the writer of the will, the appointed executor no longer feels capable of discharging their duties. In these cases, or in cases of intestacy, an administrator may be appointed instead. This individual will take on the same responsibilities, but will have to apply for Letters of Administration in order to acquire legal authority.