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Being an Executor – What You Actually Need to Know Before You Say Yes

Many people are asked to be an executor in someone’s Will and immediately say yes, because they feel honoured, or because they feel they should not refuse.



But very few people are told what the role actually involves.


Being an executor is not just a title. It is a legal responsibility, and in some situations it can involve a lot of work and a lot of responsibility.


Before you agree to be an executor, it is important to understand what the role really means.


What does an executor actually do?


An executor is responsible for administering someone’s estate after they die. In simple terms, this usually involves:


  • Registering the death

  • Locating the Will

  • Identifying all assets and liabilities

  • Valuing the estate

  • Applying for probate

  • Paying debts and bills

  • Dealing with HMRC

  • Collecting in assets

  • Selling property if necessary

  • Distributing the estate to beneficiaries

  • Keeping records and accounts


This can take many months, and sometimes years if the estate is complicated.


Executors can be personally responsible


One thing many people do not realise is that executors can be personally liable if mistakes are made.


For example:


  • If they distribute money to beneficiaries before all debts are paid

  • If they fail to pay inheritance tax correctly

  • If they do not keep proper records

  • If they favour one beneficiary over another

  • If they lose estate money through poor administration


In most cases this is not a problem, but it does mean the role should be taken seriously.


It can take a lot of time


People often underestimate how long estate administration takes. Even a relatively simple estate can take six to twelve months to complete. More complicated estates can take much longer.


Executors often find themselves dealing with:


  • Banks

  • Insurance companies

  • Pension providers

  • Utility companies

  • HMRC

  • Solicitors

  • Estate agents

  • Beneficiaries asking when they will receive their inheritance


It can feel like a part-time job for a while.


You do not have to do everything yourself


One important thing to remember is that an executor does not have to do everything personally. They can instruct a solicitor or probate specialist to deal with the administration and simply oversee the process.


The legal responsibility still sits with the executor, but much of the work can be delegated to professionals.


This often makes the process much easier and less stressful.


Should you accept the role?


Being an executor is often a sign that someone trusts you and believes you are organised and responsible. But it is perfectly reasonable to ask questions before agreeing.


You might want to ask:


  • How complicated is the estate?

  • Are there any trusts involved?

  • Are there likely to be any disputes?

  • Is there a business or multiple properties?

  • Are there many beneficiaries?

  • Is there a professional adviser involved?


It is better to understand the role in advance than to be surprised later.


A final thought


Choosing an executor is one of the most important decisions when writing a Will. And agreeing to be an executor is an important decision too.


If you are writing a Will, choose someone who is organised, reliable and calm under pressure.


If you are asked to be an executor, make sure you understand what you are agreeing to.


It is an important job, and when done well, it ensures that someone’s final wishes are carried out properly and fairly.



Contact us today


Let’s make sure you and your loved ones are protected, now and always.



Make time now...for your family and for your peace of mind.

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The Financial Conduct Authority does not regulate Wills & Trusts. This website has been published by Peritum Wills Limited.

No advice in relation to Wills & Trusts has been made by Peritum Wills Limited in this site.

 

Peritum Wills Limited is a member of the Society of Will Writers.

Registered office: Peartree Farm, Thorney Road, Guyhirn, Wisbech, PE13 4AG.  


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