Being named in a will as an executor is both an honour and a serious responsibility.
The role of a will executor is to ensure the wishes in the will are carried out correctly, but many people are unsure what the role of an executor in a will actually involves.
As the only solicitor in a large extended family, I am often asked to take on this role for relatives when they are preparing their wills.
It is, of course, a privilege to be chosen. However, it can also be a heavy burden. This is especially true where the executor is in the dark about the estate and the wishes of the person who made the will.
What Does the Role of a Will Executor Involve?
When I am told that I am named as an executor, my first step is to ask politely where the original will is stored, where information about property and finances is kept, and how I would access that information.
I also ask whether they would like to discuss their wishes with me, so that I have a clear understanding of anything unusual that may require special attention.
As you might expect, such information is not always forthcoming.
So, when someone passes away, what does the role of an executor in a will require?
The First Duties of an Executor
The first step is to secure assets. My normal procedure is to secure all keys, consider if locks need to be changed, inspect cars and properties to make sure they are safe, gather up valuables and cash, collate paperwork, and notify insurers (car and home) to ensure cover remains valid.
The next step is to notify institutions such as banks, pension providers, and investment companies, and to gather the information needed for Probate and Inheritance Tax forms.
At this stage, I also read through the will carefully and consider whether any issues may arise in trying to carry out those wishes.
Why Executors Can Struggle
The language of wills makes perfect sense to me after 17 years of experience in this field of law.
For non-solicitor executors, however, it can be very difficult to understand the meaning of each clause.
Yet all executors are personally liable if the wishes of a will are not carried out correctly or if there is a loss caused by their actions — or by a failure to act.
If you are appointed as an executor and the person has passed away, but you are not a solicitor specialising in Wills and Probate, understanding the role of a will executor can feel daunting.
Why Seek Professional Advice?
There is no substitute for expert advice at an early stage.
Contact me to arrange a free initial appointment so that we can review the will, the estate assets and any debts, and discuss what needs to be done together.
If you do need our help, I will set out your options and our charges clearly at the end of that meeting, so that you can make an informed decision about what work you would like us to do for you.
If you're unsure about the role of a will executor or what the duties of an executor in a will involve, professional advice can save stress and help you avoid costly mistakes.
To book an appointment with me, please call 01903 927055 or email ssampson@monangozzett.com.
Appointments are available at our Arundel office, via video call, or at your home if you live locally.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved