What is an Executor of a Will and what do they do?

Being an executor of someone’s will is a big responsibility as you must manage and distribute the deceased’s assets. However, what are the executor’s duties, and can an executor of a will be removed? Our solicitors explain everything you need to know in this article.

For more information, please visit our wills and probate page. Furthermore, if you want to contact a solicitor today, please call us directly on 0203 007 5500.

What is an executor of a will?

An executor is the person chosen by the person making a will (known as the testator) to administer their estate after they die.

The executor’s role begins when the testator passes away. Their responsibility is to locate the will, identify assets and liabilities, settle any debts and distribute the estate in accordance with the deceased’s wishes.

Many people appoint a spouse, partner, adult child or close friend as their executor. It is also a good option to appoint a solicitor or other professional to act as an executor, particularly where an estate is complex or there are concerns about disputes arising between beneficiaries.

A will can appoint more than one executor, allowing responsibilities to be shared.

What does an executor of a will do?

An executor is responsible for managing the estate from the date of death until the estate has been fully administered.

While every estate is different, an executor’s duties commonly include:

• Registering the death
• Locating the original will
• Identifying estate assets and liabilities
• Contacting banks, building societies and financial institutions
• Obtaining valuations for property and other assets
• Calculating any inheritance tax liability
• Applying for probate where required
• Settling outstanding debts
• Paying taxes owed by the estate
• Distributing assets to beneficiaries
• Preparing estate accounts

Executors must act in the best interests of the estate and all beneficiaries. They should keep accurate records throughout the administration process and ensure all decisions can be properly explained if questioned later.

What happens if there is more than one Executor?

it can often be a good idea to name more than one executor on a will, in case one executor passes away or chooses to be removed as an executor. Where multiple executors have been appointed, they will generally be expected to work together when administering the estate. This arrangement can provide useful support and oversight, particularly where significant decisions are required. However, disagreements can occasionally arise regarding the sale of property, the distribution of assets or the handling of beneficiary concerns.

If executors are unable to agree, legal advice may be required to help resolve the dispute and ensure the estate administration can continue.

Can an executor of a will be a beneficiary?

In short, yes. It’s not unusual for an executor to also be a beneficiary. However, an executor must not be a witness to the signing of a will.

If an executor witnesses the signing of a will they will lose their entitlement to receive their inheritance. Therefore, a will must always be signed in front of two independent witnesses.

When does an Executor need to apply for Probate?

In many cases, an executor will need to obtain a Grant of Probate before they can deal with certain estate assets. Whether probate is required depends on the nature and value of the assets involved. Some estates can be administered without probate, while others cannot progress until a Grant of Probate has been issued. One of an executor’s responsibilities is determining whether probate is needed and taking the appropriate steps to obtain it where necessary.

You can read more about this in our guide to the probate process.

What happens if an executor of a will is dead?

It’s not uncommon for an executor to pass away before the testator (the person who made the will). In an event where an executor does pass away before the testator, the testator can simply appoint a new executor.

However, in an instance where the executor dies soon after the testator, then the next appointed individual in the will becomes the executor.

How to remove an executor of a will?

There could be many reasons why a new executor is to be appointed. Some common reasons for appointing a new executor include the current executor:

• Not wanting to be the executor of the will
• Failing to administrate the estate properly
• Being dishonest, for example, by making an unauthorised profit from the assets.
  Delaying the administration of the estate

In any case, where you’re unhappy with the executor, you should always try to resolve the issue informally without court intervention. However, if you can’t resolve the matter informally, then making an application to the court to remove the executor can be your best option.

Can an executor step down from the role?

Being named as an executor does not mean you have to take on the role. Some people decide they do not wish to act because they lack the time, feel uncomfortable with the responsibility or believe the estate is too complex to administer without professional assistance. If you have been named as an executor, you may be able to step down before taking any action in relation to the estate. This is known as renouncing executorship. Once an executor has started administering the estate, however, stepping down can become more complicated.

Where more than one executor has been appointed, it may be possible for one executor to have power reserved. This allows the remaining executor or executors to administer the estate while preserving the option for the non-acting executor to become involved at a later stage if necessary.

Before deciding to step down, it is important to understand the implications of doing so. An executor who has already begun administering the estate may not be able to withdraw without further legal steps, and the available options will depend on the circumstances of the estate.

If you are unsure whether to act as an executor, seeking legal advice at an early stage can help you understand your responsibilities and the alternatives available.

What if there’s no will?

If an individual dies without having a will in place, the intestacy rules dictate who can manage the estate and apply for probate. Under the intestacy rules, only your spouse, civil partner and a few other relatives can apply for the grant of letters of administration and handle your estate. The grant of letters of administration is an official court document that proves you have the authority to deal with someone’s estate.

The person who can apply for the grant of letters administration when there’s no will follows in order of priority of:

1. The surviving husband or spouse
2. The children of the deceased
3. The father and mother of the deceased
4. Brothers and sisters of the deceased
5. Grandparents
6. Whole blooded uncles and aunts
7. Half blooded uncles and aunts

Example

Following the priority order above, if the deceased had a surviving spouse, that surviving spouse would be the one to apply for the grant of administration. However, in a circumstance where the deceased didn’t have a surviving spouse but had one child (over the age of 18), the child can apply for the grant of administration.

Can An Executor be held personally liable?

Yes. Executors can sometimes become personally liable if mistakes are made during the administration of an estate.

Common examples include:

• Distributing assets before all debts have been identified
• Failing to pay inheritance tax correctly
• Making payments to the wrong beneficiaries
• Failing to protect estate assets
• Breaching the terms of the will

Unlike many other responsibilities connected to an estate, these mistakes can have financial consequences for the executor personally. In some circumstances, an executor may be required to compensate beneficiaries, creditors or HM Revenue & Customs from their own funds if losses arise as a result of errors or failures in administering the estate correctly.

The risk of personal liability is one of the main reasons many people choose to instruct a solicitor when acting as an executor. Professional legal support can help ensure that debts, taxes and beneficiary claims are dealt with properly, reducing the risk of costly mistakes and providing reassurance that the estate is being administered in accordance with the law.

This can be particularly important where the estate is high value, subject to inheritance tax, contains business or overseas assets, or where there is a risk of disputes between beneficiaries.