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What can I do if I am unsure about being an executor?

The role of an executor comes with important responsibilities and obligations that will need to be fulfilled, but this can be a challenging role especially during a difficult time emotionally.

Being an executor isn’t for everyone but if you have been appointed as an executor of an individual’s estate, you need to be sure you can fulfil what is required and know your responsibilities.

You also need to be aware of your options if you cannot act as an executor because it’s not an easy role and does come with added pressure.

What is the role of an executor?

An executor is responsible for ensuring the wishes outlined in a person’s Will are carried out. Wills are legally binding documents, meaning each element included must be followed.

As an executor, you will be required to locate the Will and confirm its validity, initiate the probate process, value the assets within the individual’s estate and pay off any outstanding debts and taxes.

In addition to this, you will be responsible for distributing assets to intended beneficiaries according to the instructions left in the Will and you will need to keep a record of all transactions and any decisions regarding the estate.

What can I do if I’m unsure about taking on the executor role?

If you have been appointed as an executor of an individual’s estate, you may understandably have reservations about taking on the role.

However, there are options available that allow you can take on a reduced role, appoint a solicitor to act for you or remove yourself entirely.

You can permanently step aside and renounce any authority if you don’t want to act as an executor. To do this, you will need to complete a deed of renunciation, which will need to be signed and witnessed.

This means you will not have authority over the estate, allowing another person to take over those responsibilities, whether that is other executors, a substitute executor or a residuary beneficiary of the estate.

However, you can only complete a deed of renunciation if you haven’t completed or intermeddled with any tasks in relation to administering the estate.

Actions such as selling the deceased’s assets, such as cars and property, handling any financial matters, such as paying off debts and running their business, would be seen as intermeddling.

Any actions that may be deemed as intermeddling will need to be reviewed and clarified before a renunciation can be signed.

You also have the option to take on a reduced role where you can step back but still have power reserved.

If you elect to have power reserved, you do not take on the day-to-day administrative tasks but can step in at a later date through a double grant. You will need to apply for a double grant through the probate registry.

This works in line with the original probate grant to ensure you can finalise the outstanding tasks and ensure the estate is distributed correctly as stated in the Will.

If you have any doubts about what is expected of you as the executor, you can appoint a solicitor to complete the tasks on your behalf.

You would still be responsible for ensuring the estate is administered correctly, but the solicitor would follow the Will’s instructions and complete the executor’s obligations.

Let us help and support you

Being an executor isn’t easy, especially in a time when you are trying to manage the loss of a loved one and stay strong for your family. The additional responsibilities can add further emotional strain and pressure, which is not what you want or need.

You need to be sure you can take on the role if someone has appointed you as an executor of their estate and if you have any doubts about taking on those responsibilities or want to discuss your options, our team is here to help and support you.

We can discuss how the executor role works, talk you through your tasks and options if you decide the role isn’t right for you. We can also act on your behalf if you’d like to remain as an executor but need support with fulfilling your duties.

For expert advice and support on all executor queries, get in touch with our team.