An Executor is a person who has been named in a Will and is legally responsible for dealing with the administration of the Estate of someone who has passed away. A Will can appoint more than one Executor and those named must work together to deal with the Estate. The ‘Estate’ includes everything that the deceased owned such as a property, bank accounts and personal belongings. The Executor’s role is to manage the deceased’s Estate and ensure that their assets are passed to the people entitled to inherit i.e. the beneficiaries that have been named in a Will.

Being an Executor involves many key responsibilities such as ensuring that any property the deceased owned is secure and safe, locating all assets and liabilities that were held by the deceased and dealing with the payment of taxes and debts. In the majority of Estates, depending on what assets the deceased held, the Executor will need to apply for a Grant of Probate and once obtained, this will enable them to collect in assets by closing bank accounts and investments and selling properties. When assets have been collected, outstanding liabilities can then also be paid. When the Executor has completed all of this, they will be responsible for distributing the Estate that they have collected in accordance with the deceased’s Will.

Anybody who has been appointed as an Executor but does not wish to take on the role can renounce as an Executor i.e. give up the role completely, provided that they have not already started to deal with the Estate. If another Executor has been appointed with you but you would prefer that they take on the role instead then you can choose to have ‘power reserved’ which means that you do not actively take on the role now but reserve the right to do so at a later date. This avoids you giving up your role as an Executor completely but allows the other named Executor to deal with the administration of the Estate themselves.

In cases where a Will has not been left by the deceased, the rules of intestacy will apply to determine who has the legal responsibility of dealing with the Estate. This role is known as an Administrator and once it has been established who the Administrator should be, they will have the same duties as an Executor.

If you have been appointed as an Executor or believe you may be entitled to act as an Administrator for a family member who has died without a Will and you are unsure of what to do, we can help. We can assist you with the full administration of an Estate or we can just help you with an application for a Grant of Probate. Please contact our office on 01226 210000 to discuss this with a member of our Private Client team.