What Does Being an Executor of a Will Entail?

Author: Josh Hall

One of the most fundamental elements of any will is the naming of the executor or executors. These should be trusted individuals who have been consulted prior to their nomination. Crucially, they must be prepared to do some practical work with regard to the settling of the deceased individual's estate.

Responsibilities

In the terms of the law, the executor is required to 'collect, get in, and administer according to law the estate of the deceased'. In more specific terms, it is their duty to execute the wishes of the deceased. In this way, their first responsibility will be to settle any outstanding debts which are owed by the estate, and to assess any such claims made by banks or other financial institutions.

Following this they will be required to arrange for payment of any inheritance tax which may be owed by the estate and, of course, to carry out the disbursement of the remaining assets to the named beneficiaries. Finally, it will also fall to the executor to investigate the possibility of any further heirs.

It is possible for a solicitor or professional executor to be named in a will. However if, as is generally the case, a family member or friend has been nominated, they may choose to enlist the help of such a third party to aid them in their work. In these cases, the named executor has a substantial amount of choice as to how much of the work he or she carries out; a solicitor could be employed to carry out almost all of the work or, alternatively, only a small proportion of it. The executor's decision as to whether or not to enlist such help will of course be affected by the complexities of the affairs in question; in many cases, their duties will be no more than the disbursement of the contents of a bank account.

Minimum Commitment

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Whether or not help from a third party is arranged, the named executor will be expected to carry out at least some of the work. Most frequently this entails performing the initial tasks associated with locating and valuing the deceased individual's assets. Again, depending on the size and complexity of the estate, this can be a very simple or a very complex task. Similarly, it is often expected that the executor will make the appropriate funeral arrangements, in line with the directions given in the will.

At a very minimum, the executor should assume that they will be required to lend their signature to a variety of documents.

In the first instance, and before any other action is taken, the executor must receive legal ratification of his or her right to take control of the assets in the estate. This requires them to apply for a Grant of Probate from the Probate Registry, which it will be necessary to produce before any bank or other relevant institution will hand over control of assets.

Although executorships can be a significant amount of work, it should be noted that the individuals in question are legally entitled to be reimbursed their expenses from the estate. The task should not, therefore, be to their financial detriment.

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20 Comments (of 169)

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Stressedout 6 Jan 2018

My grandfather died last year and left a will in which he had me as sole beneficiary and executor of his estate. I have gop etc. I inherited his house and a bit of cash. Not a great deal. For a year I have been paying bills on the house and generally burying my head in the sand. I have reached a point where it isn't viable and I am struggling financially so I have placed the house on the market. My brother has decided ( now over a year on) to speak to a solicitor about contesting the fact nothing was left to him. I also have two half sisters who live elsewhere. My mother left my brother and I with our dad and moved away. She died a few years ago and my grandad originally left everything to her in the original or preceding will. On her death she changed it and left everything to me. The will was made at a solicitors and witnessed there. He was as fit as a fiddle at the time of writing the will. My brother now says he can take me to court for the proceeds of the house sale which will be the only remainder of the estate. I don't know what to do. Is this even possible if he had clear intentions when he made out his will? Probate was granted over a year ago. I have struggled for a year. Can he do this? I am being threatened by him he will get solicitors involved. The will was none specific in that it says everything to me. No one else ( not any of the three other grandchildren effectively mentioned at all) does he or they have any say? My two sisters were provided for by my mother's will but my fully biological brother is the one threatening me with this. I don't know whether to tell him to do it and contest it or effectively give in to bullying and the threat of it.

TheWillExpert Editor 4 Oct 2017

Can you not employ a solicitor of your own? They will be able to find out whether there was a Will and to contact the legal professional that help to execute it.

kevino 4 Oct 2017

hi my dad died in aug 2017 .my step mum of 5 yrs has collected dads will from a solicitor his solicitor wont give me any info .we know we are in his will she wont speak to us anymore ,her friend has helped her empty his accounts just before he died and after with 10 death certificates advised dad to move £25000 to another account as interest in the bank was low 2 years ago .I asked him where it went his sarcastic reply was I only advise them .my stepmum did this to her only daughter 20 yrs ago and they havent spoke since.we don't know where to go tried every where .her friend was heard a few weeks ago on loud speaker saying ive drew you £1500 out for her holiday suspect they have a new bank account some where he never denied any of this .need help please

TheWillExpert Editor 3 Oct 2017

The executor is repsonsible for getting the estate valued, assessing any liability for Inheritance Tax (IHT), paying off any debts owed (with the money from the estate) and generally carrying out the wishes of the deceased distributing gift/bequests made by in the Will etc. You are not personally liable for any debt as an executor.

Teg 30 Sep 2017

My friend of a considerable amount of years has asked me to be an executive of his will , what does this entail . will it cost me anything and how am.I protected if they occur debt

Suzie sue 13 Sep 2017

Hi, my Dad died in 2002 and his mum wrote her will when she was not well in 2006. She was at the start of dementia. She died in 2010. My Nan's daughter and her daughter's husband were with her when she wrote her will. All of my Nan's kids were beneficiaries of a certain amount each and the will states if they die before my Nan's then their inheritance goes straight to their kids. My Dad was already dead when this will was wrote and I was not put in the will yet the others are if their parents die which since the will was written 2 of my Nan's children died and there inheritance went to my cousin's, my Nan's grandkids. I have a copy of the will and just want to know is there anything I can do? Its not fair. I feel hurt and I feel like they used my dad's death as an excuse to keep more money for themselves.

TheWillExpert Editor 13 Sep 2017

If you're both executors, you will both need to be able to enter the property in order to carry out the terms of your mother's Will. While she's still alive, and the property doesn't belong to you, we guess your brother can do as he likes.

Looby1lou 11 Sep 2017

My mother is in hospital with a terminal illness. When my mother passes away me and my brother are both executors of the estate. My brother lives with my mum and he has changed the locks of mums house, whuch she owns, to prevent me entering. Can he do this?

TheWillExpert Editor 14 Aug 2017

See responses for similar question below.

Sean 12 Aug 2017

I got contacted by an geneolgist and heir hunters they told me my uncle died 12 years ago i told a relative and they went straight to the government and made the claim the relative has just gave me £700 with no paperwork etc ? How can I find out if this is the amount that I entitled to? Is this the correct procedure the relative should follow? Please advise

TheWillExpert Editor 8 Aug 2017

Have you asked your brother? Or could you contact the Bona Vacantia department yourself - bvinfo@governmentlegal.gov.uk

Debb5 5 Aug 2017

My uncle died 12years ago I was contacted by heir hunters I told my brother and he took control and went straight to bona vacatia he has just put £800 in my account he said that's my share? I have seen no break down of accounts no evidence etc is this correct?

TheWillExpert Editor 30 Jun 2017

Taking legal action is the only way to resolve this if you cannot reason with your sibling.

Andy 30 Jun 2017

My father has past and the content of the estate was to be split between the siblings equaly. But one sibling has completely stripped the estate of all content. Is there any thing I can do about this

TheWillExpert Editor 19 Jun 2017

Probably not, maybe they assumed it would be easier if they were the executors or maybe they just used the same instructions as they appeared in the original joint Will? It might be easier if you discuss this with them. We don't think you can simply dismiss "named executors" - seek a second opinion from another legal professional.

Jimbo 6 Jun 2017

My Mam was named executor of my step Dads will however she passed away first but my Mam named me has the executor of her Will. her will says that everything goes to her children, his will said that his children get £3000 each everything else goes to Mam,, if he didnt change is will between Mam passing n him passing who becomes executor, his oldest or executor named in Mam will. ME ? thanks

JueDrop 30 May 2017

My dad passed away 3 years ago and left no will I have been to a solicitor we have been through probate and my solocator name me the executor but there is also one other person a second party she's not an executor just needed a second party for probate do I have the final say on the sale of the house

TheWillExpert Editor 16 May 2017

Sorry but we can't answer questions with such a lot of individual influencing factors involved. You'd really be better speaking to a solicitor.

Buddy 15 May 2017

My father died in February 2015. My brother and I have been executors since the 1997 Will was made, when mum and dad severed the joint tenancy and, as tenants in common and became trustees, setting up a deed of trust for me, my sister and brother. On the death of our mother in 2004 my brother and I were also made trustees. We were informed by mum and dad,s solicitors that we now owned the property along with dad. The property has never been registered with land registry. The property is not part of the Estate, and we have an offer on it. Do we need a grant of probate to complete the sale? There is not enough value in the residual estate, although more than £8000in cash is unaccounted for, which I am somewhat worried! As we are over 2 years from dad,s death we do now need to conclude matters in the interests of all beneficiaries

TheWillExpert Editor 5 May 2017

If you're the executor to the Will, then you should be involved in administering it although why it's still an issue after 5 is a bit of a worry. Seek advice from a solicitor.

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