Been asked to be an executor of a will? Or do you need to choose an executor for yourself? In this article we’ll take you through the role of an executor, so you know what to expect from it and how to choose one that’ll have your best interests in mind.
What is an executor of a will?
An executor is a person named in a will who’s responsible for taking care of the final wishes of the person who made the will. This includes sharing out the estate of the person who passed away. Their ‘estate’ is their belongings, money, and property – basically anything the person owned that’s being passed on to family members and close friends. Sometimes the person who made the will might leave some money from their estate to charity too.
What does executor of the will do?
The main role of an executor of a will is to share out the estate of the person who’s passed away, according to their instructions. But an executor also has a lot of other responsibilities, including arranging the funeral of the person too.
To give you a clearer idea of exactly what’s involved in being an executor of a will we’ve listed the main responsibilities below.
The main duties of an executor of a will include:
- Getting hold of a copy of the latest version of the will as soon as possible. This may involve carrying out a detailed check of the paperwork belonging to the person who’s passed away.
- Locating and securing all the person’s possessions and property – this can include getting keys to their home and their car, as well as gaining control over their bank account, savings account, or any other investments they might have had.
- Arranging the person’s funeral – even if funeral arrangements aren’t mentioned in the will, the executor usually still takes this role on, possibly with help from other family members.
- Paying off any outstanding bills, taxes, or debts – this is usually taken out of the person’s estate. (If the estate doesn’t cover all the outstanding debts, don’t worry. The debt can’t get passed onto you unless it was a joint debt that you were also originally responsible for. But paying off these debts can be a complicated process. For more info on the order you need to pay off these debts, read our guide on what happens to debt when you die.)
- Valuing and sharing out the estate amongst the beneficiaries according to the instructions in the will.
A beneficiary is someone who is named in a person’s will and who’ll benefit from it. This benefit is usually in the form of receiving money, property or possessions.
Who can be an executor of a will?
The executor of a will is usually someone who was close to the person who died – this can be their spouse, sibling, child, or any other family member. In fact, anyone can be an executor of a will as long as they’re named in the will. A family member or close friend can still be named executor even if they’re also a beneficiary. And the person who made the will can also name up to 4 executors, so the responsibilities can be shared. Usually, at least 2 executors are appointed in case one of them passes away or can’t carry out the role for another reason.
It’s important to remember that if you share the role of executor with other people then you all have to agree on decisions made about the estate. This can sometimes be tricky in real life, depending on the relationships between you all.
Can a solicitor be an executor of a will?
A solicitor or another trusted professional can also take on the role of executor. The person who makes the will can assign the role of executor to the solicitor who helped produce it. Alternatively, they might appoint their solicitor and a family member to carry out the role together. That way, they know their family member is involved in the process but still has the guidance of a solicitor when they need support.
Choosing an executor
If you’re thinking of writing a will and wondering who to make executor, take some time to think about who’ll have your best interests in mind. It’s also worth chatting to them about the responsibility before putting your will together. Even if you’re making a will at a young age, making this known to family members can help them think about how they would handle the role, and if they’d be able to take it on. It can be a long process with a lot to juggle at a time when they’ll be coping with their own grief. So letting the person know that you’d like them to be executor of your will gives them the opportunity to think about how they’d deal with the process.
If you don’t have a family member or close friend who can carry out the role of executor for you then you might want to consider asking a professional person. This might be a solicitor or accountant. They will charge a fee to do this, but this can be paid for out of your estate.
Can you change the executor of your will?
If your personal circumstances have changed, for example, if you’ve gone through a divorce, and you need to change the executor of your will, you can write a codicil. A codicil is an additional document that you can use to make changes to your will without having to create a new one. This is appropriate for small changes such as:
- Changing the executor of your will
- Changing or adding/removing beneficiaries
- Updating the assets or inheritance you want to leave behind to beneficiaries
- Changing who will become guardian to your children if they are under the age of 18
If you’ve already written a codicil or if the changes you’d like to make to your will are more complicated, then it might be worth re-writing your will. Check what will be most suitable with your solicitor to make sure your updated will is legally sound.
Being an executor of a will: what you should know
Have you been asked to be an executor of a will? Or have you recently found out that you’re an executor for a family member who’s passed away?
The role can feel overwhelming. There’s a lot to think about at a time when you’re grieving and you might worry about how you’ll cope with the responsibility.
If you take it on, reach out to other family members for support. Even if you’re the only named executor, there’s no reason why other family members can’t help you organise letters and start making phone calls. Keep in mind that seeking help from a solicitor will also make the process easier. They’ll be able to guide you through the more complicated aspects of sharing out an estate, for example, making sure it valued as accurately as possible or applying for probate if it’s needed.
You’ll have to pay for their support, but this could be covered by the estate.
Can you decline being an executor of a will?
If you decide that you’re not the right fit for the role of executor, or you simply don’t want to take on the role, make sure you let other family members know as soon as possible, so other arrangements can be made. It’s important to make this known before you take on the role because if you’ve already started you can’t stand down unless you have a valid reason, for example, ill health.
If you decide not to take on the role of executor and there are other people named as executors in the will, then they’ll need to take on these responsibilities for you. But if there aren’t, the beneficiaries named in the will must come to a joint decision on who should administer the estate.
Removing an executor of a will
If disputes arise between the executor and the beneficiaries of the estate, for example, if there is any wrongdoing on the part of the executor, then it’s important to get legal advice. When conflicts like this develop, settling things outside of court is always easier. But if serious accusations are being made then you may need to consider removing the executor of the will legally.
How do you remove an executor of a will?
You will need to make an application to court to have the executor of the will removed. The process is different depending on whether it’s made before or after probate has been granted:
- Before probate is granted, the application to remove the executor should be made to the Probate Registry.
- After probate is granted, the application will need to be made to the High Court.
Your solicitor will support you through this process. But it’s important to know that the courts will not take any action just because there is a history of arguments or ill will between the executor and beneficiaries. There must be a valid reason to remove the executor, such as wrongdoing or a lack of ability to do the role properly, that could affect how the estate is shared out.
Whether you’re thinking about who to make executor of your estate, or you’re about to carry out the role of an executor, it’s worth getting support from other family members and friends when you need it. And if you’d like professional support from a probate solicitor and you’re not sure who to speak to first you can visit The Law Society for more info. Their database will help you find a solicitor near you who specialises in wills and probate. And if you’re in Scotland or Northern Ireland, depending on which place you live in, you can find a solicitor by visiting The Law Society of Scotland or The Law Society of Northern Ireland.
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Disclaimer: The contents of this article is intended as information only and does not constitute legal advice. Always seek advice from a specialist solicitor when you need support with wills and probate.
