Duties of a will executor: What can an executor do?
If you’ve been appointed as a will executor or administrator, there are certain duties and responsibilities you must undertake. In this legal guide, we explain the role of a will executor, including what an executor can and cannot do.
A will executor is the person appointed in a will to handle its administration. Duties as a will executor include:
Identifying and collecting all estate assets
Settling any outstanding debts and liabilities
Distributing the remaining estate according to the will or, if there’s no valid will, under the rules of intestacy
If no executor is named, or if the appointed executor can’t or won’t act, an administrator will step in. The law sets out a fixed order of priority for who can act as administrator. Both executors and administrators are collectively known as personal representatives.
What are the duties of a will executor?
The executor of a will’s responsibilities includes various tasks, with potentially complex transactions. This means the role can be quite demanding, so it is important that whoever is named as executor understands the duties they will be expected to perform. These duties can include:
Every step must comply with legal requirements and the terms set out by the deceased.
What can a will executor not do?
A will executor has many important responsibilities but there are some things they can’t do:
Act beyond the authority granted by probate
Use estate funds for personal benefit
Distribute assets before debts and taxes are fully paid
Ignore beneficiary disputes or challenges to the will
Steal assets from the estate
Being an executor carries serious obligations and legal duties and its understandable if you’re confused on what steps to take. If you’re unsure how to proceed and need some support, Slater and Gordon’s probate specialists can guide you through every stage of estate administration.
Who can be an executor of a will?
In theory, anyone over 18 with the mental capacity to act can serve as a will executor. Many people appoint those they are close with to act on their behalf, though you can also appoint a professional as a will executor. Common appointees include:
A spouse or partner
A friend or family member
A wills and probate solicitor
Appointing someone you trust helps ensure the estate is managed smoothly.
Can more than one will executor be named?
Yes. You can name up to four executors in your will, though everyone you name will have to be able to work together. Every executor will be responsible for each act or omission, whether they personally acted or not, so it is important that all your executors can work constructively and cooperatively. This is something to keep in mind while selecting your executors.
Can one will executor act without another?
If all executors agree, one executor can handle day-to-day tasks. However, any executors who still wish to act must apply jointly for probate. An executor who steps aside can sign a Deed of Renunciation. A deed of renunciation is a legal document used when someone appointed as an executor of a will chooses to give up their right to administer the deceased's estate.
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication.
Mr S, Lancashire (wills, trusts & probate case)
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend.
Ms G, Lancashire (wills, trusts & probate case)
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services.
Mrs E, Manchester (wills, trusts & probate case)
The timeline for executor duties varies according to:
The complexity and size of the estate
The clarity of the will’s provisions
Executors’ availability and expertise
Complex tax issues or will disputes can extend the process and increase the burden on the will executor. At Slater and Gordon, our expert probate team can help streamline administration and reduce delays; get in touch today to discuss your case.
Does the executor of a will have to apply for probate?
Where probate is needed, all executors who wish to act must apply together (up to four people). For more details on the application process and the steps needed, read our guide to probate here.
What are the benefits of appointing a solicitor as an executor of a will?
There are many benefits to naming a solicitor as an executor of your will, particularly if you have a complex estate, you believe there may be a risk of someone contesting the will or bringing litigation, or no one else is willing or able to act as an executor.
This is because a wills and probate solicitor is specially trained to handle estate administration and navigate the complexity of probate law, meaning there is a much higher chance that your will is upheld in court and your wishes seen through.
To learn more about how a wills solicitor can support you and your loved ones by acting as an executor, speak to a member of our team on 0330 041 5869 or contact us online.
Why choose Slater and Gordon?
Slater and Gordon’s wills and probate solicitors have expert knowledge with members of the team belonging to the Society of Trust and Estate Practitioners (STEP). Our dedicated and considerate team members are committed to supporting their community through ongoing charity work, raising important funds for several organisations.
With experience working across various case types, including high-value estate planning and intestacies, our specialists can help support across every stage of estate administration including:
Applying for probate or a Letter of Administration
Identifying and collecting estate assets and liabilities
Handling Inheritance Tax and other tax considerations
Support with distributing assets to beneficiaries and managing any challenges to the terms of the will
Our dedicated and trust-worthy wills and probate team are here to lighten the burden and guide you through every step.
We are an award winning law firm and have a dedicated team of solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of wills and trusts. We can provide you with practical, affordable advice on your situation at the outset giving you clear guidance and options on your next steps.
Tailored advice
We understand that all situations differ - it’s not always a one size fits all - so we are able to provide tailored advice and guidance to suit your individual needs.
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No. An executor has no power to change the contents of a will. The only way in which a will can be changed after the deceased has passed is via a Deed of Variation. In these circumstances the terms of a will can be changed if all beneficiaries agree to the new terms (for example, if a beneficiary wishes to split their inheritance among their children rather than accept it themselves).
Can an executor also be a witness to a will?
Yes, an executor can witness a will – as long as they are not also a beneficiary. If the executor is listed to inherit something from the will, they cannot also be a witness.
What happens if an executor fails in their duties?
If you believe that an executor is not performing their duties correctly, or perhaps lawfully, it is possible to apply to the court for a solution. This could include:
A court order compelling the executor to act or perform specific duties within a given timeframe
The removal and replacement of an executor if they are found to be unsuitable or incapable of performing their duties
Financial compensation paid to the beneficiaries if it is determined that the executor’s actions or inaction led to a loss
Can an executor remove a beneficiary from a will?
No. The executor is responsible for managing and maintaining the estate during probate, before distributing assets according to the terms of the will. Where an executor fails to pay a beneficiary their inheritance from an estate, they would be personally liable for the beneficiary’s loss.
Can a will executor decide who inherits what?
No, an executor of a will does not decide who inherits what. The executor's primary role is to manage the estate and distribute assets according to the instructions in the will.
Can the executor of a will be changed?
No, the executor of a will can’t be changed. With a Deed of Renunciation, an executor can renounce their rights to administer the deceased's estate.
Can a will executor be changed after death?
No, a will executor cannot be changed after death. However, the executors named can change if they refuse to act or renounce their role and probate can be applied to other named executors.
If there is only named executor, a beneficiary of the will can apply for a letters of administration with will annexed, which will allow them to become a personal representative of the estate.
Can an executor resign?
Yes, an executor can resign by signing a deed of renunciation. A deed of renunciation is a legal document used when someone appointed as an executor of a will chooses to give up their right to administer the deceased's estate.
Can a will executor be held liable for mistakes made when distributing the estate?
Yes, a will executor be held liable for mistakes made when distributing the estate as they are legally responsible for administering the estate and carrying out the wishes the deceased outlined in the will. For advice and support, our wills and probate solicitors are on hand to help.
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication. Mr S, Lancashire (wills, trusts & probate case)
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend. Ms G, Lancashire (wills, trusts & probate case)
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services. Mrs E, Manchester (wills, trusts & probate case)