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?
Executors Who Are Also Beneficiaries
It is common practice for someone named as an executor in a will to also be a beneficiary. Many people choose a spouse, adult child or close family member to handle their estate, and these same individuals often stand to inherit.
These roles often complement each other, though potential conflicts of interest should be acknowledged. An executor's decisions could sometimes be influenced by their personal interest as a beneficiary, so transparency with other beneficiaries matters.
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An executor is responsible for administering the estate after someone dies. This means gathering assets, paying debts and taxes, and distributing what remains according to the will.
Typical duties may include:
- Arranging the funeral
- Applying for a grant of probate
- Identifying and valuing all assets
- Settling outstanding debts, bills and taxes
- Distributing the estate to beneficiaries
Registering the death is usually handled by the nearest relative or the person arranging the funeral, rather than falling automatically to the executor.
Executors can claim back reasonable expenses from the estate, including funeral costs if they have paid these personally. These expenses must be necessary and directly related to administering the estate. They cannot charge for their time unless the will specifically allows it or all beneficiaries agree.
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When a Solicitor Acts as Executor
Some people appoint a solicitor as executor, either alongside family members or on their own. A solicitor will handle the legal and administrative work, which can be helpful for larger or more complicated estates.
When both a solicitor and family executors are involved, the work is typically divided. Solicitors often handle paperwork, tax matters and legal requirements, while family members help locate personal items or provide information about the deceased's affairs.
Solicitors acting as executors will charge professional fees, which are paid from the estate. The testator can specify in the will whether these fees should be capped or calculated on a particular basis, such as hourly or as a percentage of the estate. It is worth asking for an estimate in advance if you are setting up a will or taking on the role yourself.
Accepting or Declining the Role
Being named as an executor does not mean you must take on the job. If you decide the responsibility is too much, you can renounce your appointment before you begin acting on the estate.
Many wills name more than one executor for this reason. If one person steps aside, the other can continue. If all named executors decline or are unable to act, the court may appoint an administrator instead.
Anyone who does accept the role should understand they take on personal responsibility. Executors are legally obliged to act in beneficiaries' best interests, and negligence or mismanagement can result in personal liability.
For detailed guidance on probate and estate administration, the Probate section on GOV.UK provides official information on the process and fees involved.
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For approx 33 years father's life assurance premiums are paid by the fathers business, the two brothers being named as beneficiaries.
When the father retires he gives 50% of the business to the son who is running the business, and the son agrees that the business pay his father a monthly retirement/retainer of £400, as well as paying the life assurance premiums and paying the father's day to day expenses, including the supply and maintenance of a Mercedes car.
After a few years the son running the business objects paying the £400 per month to his father, and ceases to do so stating that the father 'wasn't spending it and indeed, didn't need it'.
After another period of time the son then starts objecting to the business paying the life insurance premiums, stating that as his father has money, he should pay them, and after a while stops paying them too, which forces the father to pay them himself for the last two or three years of his life.
When the father dies, in December 2005, the son running the business claims from the estate the value of the premiums paid, some £37k
The second son objects, stating that it was his father's obvious intention, as chairman of the company, and as the policy was a legitimate business expense, that the premiums would continue to be paid by the business, and gave the business to his son on that understanding.
Probate has been granted but assets to the beneficiaries not distributed because of the above dispute.
Stalemate?
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