Are you the assigned administrator or executor of a will? Here we give you an overview of your duties. If you have any questions, please contact us to discuss your matter with one of our specialist solicitors.
The executor is the named person in a will who is responsible for identifying and collecting in assets, identifying and paying any debts of the estate and then distributing the balance of the estate in accordance with the will or rules of intestacy.
If no executor is named or if the executor is unwilling to act, the administrator will take on this role instead. Who can act as administrator of the estate is defined by a fixed order of priority. An executor or administrator may also be referred to as a personal representative.
What are the duties of an executor?
Executors of a will are responsible for various tasks, including 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:
In theory, you can name almost anyone as the executor of your will, provided they are over 18 years old and have the mental capacity to act. You may wish to name a friend or family member, or a professional, such as a solicitor.
An executor can also be a beneficiary to the will; however, they cannot also be a witness. Witnesses to your will must be independent, therefore cannot be named as an executor or beneficiary.
Can more than one 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.
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)
What are the benefits of appointing a solicitor as an executor?
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 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?
Are you an administrator or executor of a will? It's not easy dealing with your grief over a loved one, making funeral arrangements, and starting the administrative duties of an executor all at the same time.
This is why many executors and administrators (also known as personal representatives) choose to work with a solicitor who assists them with executing the will of the deceased person. Slater and Gordon have specialist solicitors who can assist you with your duties as the personal representative of your loved one's estate.
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.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
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 beneficiary?
Yes. This is quite a common scenario; for example, if a married partner dies, their spouse is often the main beneficiary as well as the executor.
Can an executor also be a witness to a will?
No. Witnesses to a will must be independent, which means they cannot have a vested interest in the outcome of the will. Therefore, they cannot be a beneficiary, an executor or a partner of either.
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 lead 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 named executor refuse to execute a will?
Yes, they can. What happens next will depend upon whether there is another named executor able and willing to execute the will. If there is, the responsibility for applying for probate will pass to the other executors. If there is no other, any beneficiary of the will can apply for a grant of Letters of Administration, which would allow them to become a personal representative of the 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)