Will executor

Most wills name one or more executors (personal representatives) to deal with the assets you leave behind. Often, that’s family members, friends or trusted advisers. The aim of the executors is to work together to make sure the deceased person’s wishes are carried out even when emotions are still raw.

What is an executor’s role?

An executor’s job is to take charge of the estate administration. They collect in the assets and pay any debts or taxes and then pass what’s left to the people named in the will.

When selecting a new executor, choose someone that you trust and that you believe will remain neutral and administer your trust or estate in accordance with your will and with reasonable care and skill.

For large or complex estates, this can be quite a task. There might be property to sell or shares to manage or trusts to set up. It’s a serious responsibility and executors have to keep careful records and act in the best interests of the estate at all times.

What does a will executor solicitor do?

Here at B P Collins, our team of highly experienced will solicitors provide expert advice to individuals and families regarding inheritance tax and estate planning as well as will drafting.

Our specialist advice includes explaining the roles of executors so that you can make informed decisions on who would be best suited to sort out your estate upon your death. We do recommend that for complex estates or tricky family situations that an independent administer be named as an executor in your will. We have several solicitors who act as estate administrators and provide an impartial, unbiased service using their knowledge of the relevant wills and probate laws.

It is crucial that a will is drafted without any errors or ambiguity, which may cause various complications and/or claims to or by the executors of the estate or the beneficiaries upon your death. Our experienced private client team can help reduce this risk by preparing your will and clarifying finer details with you to reduce later issues.

Removing executors

We understand that life and relationships change over time and you may wish to amend and remove an executor or personal representative that you previously named in your will. With our expert guidance, we’ll ensure your concerns are addressed and your will reflects your wishes.

If there is an executor dispute during your estate administration, then our contentious wills, trusts and probate solicitors are committed to resolving disputes efficiently and cost effectively, whilst achieving the best possible outcome for our clients.

Partners Matthew Brandis and Craig Williams are mediation advocates and accredited mediators of the Centre for Effective Dispute Resolution (CEDR), as well as being members of the Association of Contentious Trust and Probate Specialists (ACTAPS).

Why choose B P Collins as your solicitors?

We can help ensure your wishes are legally recognised. Planning ahead ensures peace of mind, not just for you, but for those you love.

Our experienced private client team provides a confidential service tailored to your individual circumstances.

Our independent administrators are members of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly.

With 60 years of experience in wills and estate planning, we’re consistently ranked by leading independent legal directories Chambers High Net Worth and The Legal 500 for the strength of our private client law practice.

Contact our private client solicitors today

For further advice and information please contact our will lawyers at enquiries@bpcollins.co.uk or call 01753 889995.

Will Executor FAQs

Can an executor of a will be a beneficiary?

Yes, an executor of a Will can be a beneficiary, and this is a common occurrence. Executors must, however, act neutrally in their capacity as executor and not in favour of their personal interests as a beneficiary.

What does an executor of a will do?

An executor is responsible for administering the deceased’s estate. This means that they are responsible for collecting in all assets and distributing them in accordance with the Will.

What is an executor of a will?

An executor is the person who deals with and administers the estate of the deceased. Their primary duty is to the beneficiaries. This is a important role as it includes (amongst other things) identifying all financial assets of the deceased, notifying all relevant institutions of the deceased’s passing, calculating inheritance tax liabilities, preparing the relevant paperwork to submit to HMRC, applying for probate/grant of letters of administration (if relevant), and distributing the estate in accordance with the deceased’s Will. The executors are also responsible for settling any outstanding liabilities at the date of death. An executor can instruct a solicitor to assist them with the administration of the estate.

What power does an executor of a will have UK?

An executor’s authority stems from the Will and operates from the point of the deceased’s death. They have the legal power to manage, secure and distribute the deceased’s estate. They are entitled to deal with the deceased’s personal and financial assets and liaise with the relevant authorities for such.

Who can be an executor of a will?

Anyone can be an executor of a Will provided that they are over the age of 18, have mental capacity, are not bankrupt, and are willing to take on the responsibility. People often tend to appoint their partners, children, or a professional (such as a solicitor).

Can an executor change a will?

An executor cannot unilaterally change a Will. However, a beneficiary can redirect their entitlement. This should be done within 2 years of the date of death and via a Deed of Variation.

Can an executor witness a will?

An executor can witness a Will, provided they are not also a beneficiary. A Will should be witnessed by two independent adults (i.e. people who are not named in the Will or related to those who are).

Can a solicitor be an executor of a will?

A solicitor can be an executor of a Will. A professional may be appointed to alleviate stress for family members, if the estate is complex, or if there is no other suitable person to appoint. It can be beneficial to appoint a professional as they will have the necessary expertise and impartiality, which can offer families peace of mind. It is not generally a good idea to name a specific solicitor as an executor, in case they themselves retire, move abroad, pass away etc. To avoid these issues B P Collins Trust Corporation Limited can be appointed as an independent executor/trustee to ensure continuity.

Can an executor change a will after death?

An executor cannot unilaterally change a Will. However, a beneficiary can redirect their entitlement. This should be done within 2 years of the date of death and via a Deed of Variation.

How many executors can you have on a will?

A maximum of four executors can act in the administration of an estate. Commonly one or two are appointed, depending on the circumstances. Substitute executors can also be appointed in case one or more executors are unable or unwilling to act.

What happens if the executor of a will dies?

If more than one executor is appointed, the remaining executors will continue to act. If only one executor is appointed, the solution will depend on when they passed away. If a sole executor dies before probate is granted and there is no substitute appointment, a beneficiary named in the Will could be appointed to act. If a sole executor dies after probate is granted but before the estate is completely administered, the personal representatives of the deceased executor can act in accordance with the ‘chain of representation’.

Can an executor contest a will?

An executor can contest a Will; however, they will need to step down in their role of executor, as this poses a conflict of interest in their role to carry out the deceased’s wishes.

Can an executor of a will be removed?

Yes, an executor can be removed from a Will. Before death, you can simply update your Will to remove or change an executor. After death, an executor can voluntarily give up their role using a Deed of Renunciation, provided that certain conditions apply. If disagreements arise, an application can be made to the court.

How do you change the executor of a will?

Who is executor if no will?

If there is no Will, the person responsible for dealing with the deceased’s estate is known as the ‘administrator’, rather than the ‘executor’. The law provides an order of priority for who can deal with the estate – with spouses/civil partners coming first, followed by children, parents, siblings, then more distant relatives.

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