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A loved one’s Will names me as an executor – What happens now?

When someone dies and they have left a valid Will, a named executor will typically be responsible for administering their estate in line with their wishes.

There are separate rules for someone who has died without a Will (intestate).

It is important that you understand your responsibilities as an executor to ensure that your loved one’s wishes are carried out to the best of your ability.

How have I become an executor?

An executor is typically appointed through a Will.

It is a significant responsibility, and so the testator (the person who wrote the Will) usually appoint someone they trust, such as a spouse, child, other family member of friend.

Up to four executors can be appointed in the Will. If you are all willing and able to do so, you’ll be jointly responsible for administering your loved one’s estate.

What do I need to do?

The role of an executor for someone’s estate involves a number of important jobs to ensure that their estate is dealt with properly. These include:

Obtaining information – Such as the Will, and you may also need to inform institutions such as banks that your loved one has died
Valuing the estate – You’ll need to calculate the value of the testator’s estate, including possessions, money, property, investments and debts
Inheritance Tax (IHT) – Use this value to work out if IHT is due and report it to the Government
Applying for probate – After calculating and reporting any IHT due, you can apply for the legal right to manage your loved one’s assets, known as probate
Distributing the estate – You’ll then be responsible for distributing assets to beneficiaries named in the Will
Record keeping – You’ll be required to keep financial records of any action you have taken over the estate, such as property sales.

A probate solicitor can guide you as to what steps you need to take and when.

How does probate work?

Probate gives you and other executors the right to administer your loved one’s estate.

The right to apply for probate and act as an executor is usually reserved for the individuals named in the Will.

When a person dies, the named executor(s) must apply for a grant of probate, either online or by post, or through a solicitor.

In cases where there is more than one executor, you must all agree on who will apply for probate before submitting an application.

Once your application is approved, you’ll receive the grant of probate, typically within 16 weeks of application. You may be required to send copies of the grant to banks and other asset holders to prove that you have the right to deal with the person’s estate.

What challenges might I face?

While the role of an executor can be straightforward, it can also be complex.

In particular, you should be aware of issues relating to:

Complex estates – Estates with multiple assets, business interests, or overseas properties can be complicated to administer, requiring specialised knowledge and advice
Disputes among beneficiaries – Executors may need to navigate disagreements between beneficiaries, particularly if the Will is unclear or if someone feels they have been unfairly treated
Personal liability – Executors can be held personally liable if they make mistakes in administering the estate, such as underpaying taxes or distributing assets before all debts are settled.

If you have been named as an executor of a loved one’s Will and need additional support, we’re here to help.

Contact our Wills and Probate team today to discuss your needs.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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