What is the role of an Executor?

Being named as an Executor on a Will involves being legally appointed to manage someone’s estate upon their death. There are various responsibilities involved, from paying debts and taxes to distributing assets from the estate. Whether you are considering who to name or you have been named, we look at what’s involved as the role of an Executor.

When you make a Will, you must name at least one person as an Executor. This role has significant legal obligations under the Administration of Estates Act 1925 and Trustee Act 2000. Executors are expected to act with care, skill, and impartiality in the best interests of the estate and its beneficiaries.

Duties of an Executor

Below is a list of the main duties required of an Executor:

Register the deathIt’s the responsibility of the Executor to register a death within 5 days. They will be issued with a certificate for burial or cremation by a medical examiner or coroner.

• Arrange the funeralThe certificate for burial or cremation needs to be given to the funeral director. The Executor will then make the necessary funeral arrangements and pay the fees.

• Will and propertyThe deceased’s Will must be found and checked to make sure it’s the latest version and if there are any codicils. It’s also the Executor’s duty to secure the deceased’s property.

• Identify all assetsExecutors must carry out a thorough investigation to assess all assets, including property, investments, bank accounts, and personal possessions. They will need to gather financial records, protect estate assets through insurance or security measures, and separate estate money from personal funds.

• Verify all debtsThe Executor must identify and check all outstanding debts owed by the deceased and use available estate funds to pay these off.

• Pay all taxesExecutors must report the estate value to HMRC, complete inheritance tax forms, and all taxes on the estate will need to be paid.

• Apply for ProbateIn many cases, the Executor will need to apply for a Grant of Probate to gain the legal authority to manage the deceased’s estate. For more information, please read our blog, What is the probate process in the UK?

• Distribute the assetsOnce Probate has been granted, the estate assets are distributed to the ‘beneficiaries’ of the Will by the Executor. These are the people entitled to inherit under the terms of the Will. Accurate records will need to be kept of all estate transfers and transactions.

For more information on the actions needed when someone has died, please read our guide, What happens after a death?

How to choose an Executor

Managing a deceased person’s estate can be complicated, so your Executors need to be capable and competent. An Executor has strict ‘fiduciary duties’, which means they cannot profit personally from their role or go against the terms of the Will. Therefore, it’s important to name responsible people. It’s recommended to have more than one, and you can have up to four.

Many people also name a solicitor as an Executor to help them manage their estate. This can be a useful way to share the administrative burden and ensure the estate is managed correctly. It’s also an option when someone does not believe there’s anyone suitable to carry out these duties. This might be due to other family members’ ages, a mental or physical health problem, or another factor such as an inability to manage money.  

A common problem is when someone doesn’t keep their Will updated. Relationships can break down, divorces and dissolutions can occur, and there can be family fallouts. When a Will has not been updated with a preferred Executor, issues can occur. If they no longer wish to carry out these duties, the Courts might need to step in, which can cause delays and additional expenses.

As an example, one of our clients made a Will 10 years before their death. He named his partner as Executor and sole beneficiary. The problem was that they had split up 2 years before our client died. The ex-partner became both the Executor and sole beneficiary of the Will, which isn’t what the deceased would have wanted.

How to change the Executor of a Will?

If you have a Will and you are looking to change the Executor, make sure you follow the correct legal process. You cannot simply alter your original Will by crossing someone out. As your Will is a legal document, it must not be defaced and this includes writing, paperclips and staples, etc. A formal amendment to your existing Will would be required, which is known as a codicil and needs to be witnessed and signed.

When there’s an application for a Grant of Probate, the Court will check the Will to see if anything is attached and if there are any marks. If the Courts see any attempt to alter or deface the Will, they may deem it invalid. If you need to change the Executor or any other aspect of your Will, please speak to our solicitors.

Update Will with your preferred Executor(s)

The role of an Executor isn’t easy; it can be a complicated legal and administrative process. Executors are legally responsible for carrying out the instructions in someone’s Will and handling all aspects of their estate. This includes the deceased’s money, property and possessions, as well as paying all fees, debts and taxes.

Always use experienced Wills, Trusts and Probate solicitors to advise you on Executor duties and responsibilities. At Salusbury, Harding & Barlow, our caring and sympathetic solicitors can assist you with administering someone’s estate. We can also write and update your Will, and we can help you apply for a Grant of Probate.

If you need advice relating to a Will, please get in touch or email: lbacon@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.