Solicitor Contact: Executors Who Are Also Beneficiaries?

Q.

In a will....3 named executors, one a solicitor the other two the daughters of the deceased, these two are also the beneficiaries.

To what extent must the solicitor inform and involve the other two executors?

A.

Duties of an Executor

It is commonplace practice for the executors of a will to also be beneficiaries and for a solicitor to also act as an executor of a will. An executor is appointed to carry out basic administration tasks and to make sure that the conditions of the will are carried out. There will usually be delegation of duties when there are two or more executors and a solicitor involved, or all of the arrangements can be carried out by one appointed person. Solicitors will usually welcome input from family appointed executors especially when it comes to sourcing objects and goods that are to be distributed. An executor’s duties will be defined in what is known as the executor’s oath. Duties can be varied but may include making all funeral arrangements and making themselves liable for the funeral payment.

If this is the case then the executor should be repaid from the deceased’s estate. Many people nominate more than one executor in case any of the nominated executors decline the position. There is no legal requirement for a nominated executor to accept this position. If the nominated executors decide to accept this position then they may leave themselves open to personal financial liability.

Access to the Will

It is entirely up to the two family executors how much involvement they wish to have in executing the conditions of the will. However, once the position of executor is accepted the executor cannot retire from their duties, although an executor can be replaced by a court order. The minimum that should be expected is the signing of any necessary documents by the two family executors. A solicitor will usually be needed to carry out such duties as applying for a grant of probate and investigating all of the deceased’s assets, which may also involve other professionals such as accountants. Information should not be withheld between family executors and solicitors who are acting as executors.

In most cases all executors will be issued with a copy of the will, and they can request a copy if needed. All information regarding the will and the carrying out of the conditions of the will should be freely available between executors. Solicitors that act as executors will charge payment for this service.