Being named as someone’s executor is often seen as an honour, a mark of trust from someone who valued your judgement and reliability. And in many ways, it is. However, it is also a legal role that carries real responsibilities, significant personal liability, and, in anything other than the most straightforward estates, a considerable amount of work.
What Is an Executor?
An executor is the person named in a Will to carry out its instructions. Their role begins at the moment of death and does not end until the estate has been fully administered and all assets distributed to the beneficiaries. In the most straightforward of cases, that process might take six to twelve months. In more complex estates, it can take considerably longer.
If there is no valid Will, the equivalent role falls to an administrator, appointed under the intestacy rules, usually the next of kin. The duties are largely the same.
What Does an Executor Actually Have to Do?
The list of tasks involved in administering an estate is longer than most people expect. At a high level, the executor is responsible for:
✔️ Registering the death and obtaining death certificates. Multiple certified copies will typically be needed — banks, investment providers, pension administrators and HMRC will each require their own.
✔️ Locating the Will and any other important documents, including insurance policies, share certificates, property deeds, and evidence of outstanding debts.
✔️ Identifying and valuing all assets and liabilities as at the date of death. This includes obtaining formal date-of-death valuations from financial institutions, arranging property valuations, and identifying any debts owed to or by the estate.
✔️ Applying for a Grant of Probate from the Probate Registry, where one is required. This involves completing the necessary inheritance tax return with HMRC, paying any inheritance tax due (which must often be paid before the grant is issued, even though assets may not yet be accessible), and submitting the application.
✔️ Collecting in the assets once the grant has been issued. This means contacting each bank, investment provider and other institution individually, providing the grant, and arranging for funds to be transferred to the estate account.
✔️ Paying all debts, liabilities and expenses of the estate, including any outstanding tax, utility bills, and the costs of administering the estate itself.
✔️ Preparing estate accounts setting out all receipts and payments, for approval by the beneficiaries.
✔️ Distributing the estate to the beneficiaries in accordance with the Will, and obtaining receipts.
Each of those steps involves correspondence, form-filling, chasing, and record-keeping. In an estate involving property, multiple financial institutions, business interests, or family complexity, it can become a significant undertaking.
The Part Most People Do Not Expect: Personal Liability
What surprises many executors is that the role comes with personal liability.
An executor who distributes the estate incorrectly, fails to identify a creditor, misses a tax liability, or makes a payment to the wrong person can be held personally liable to make good any resulting loss. This is not a theoretical risk. It arises in practice, particularly where executors act quickly to distribute assets without first satisfying themselves that all debts and liabilities have been dealt with.
There are specific protections an executor can and should put in place. Placing a statutory advertisement for creditors, known as a Section 27 notice, in the London Gazette and a local newspaper provides protection against unknown creditors coming forward after distribution. Obtaining clearance from HMRC in respect of inheritance tax provides protection on the tax side. These steps take time and add to the process, but they exist precisely because personal liability is a real risk.
An executor is also not entitled to act in their own interests at the expense of the beneficiaries. Where an executor is also a beneficiary, which is common, they must be careful to keep those roles distinct.
When Things Get Complicated
Most executors find that the process is more time-consuming and administratively demanding than they anticipated. Some estates, however, present additional layers of complexity that go beyond what a layperson may reasonably be expected to handle alone.
Complex estates could include the need for Inheritance Tax returns, property transactions, foreign assets, business interests of trusts. Separately from the types of assets within an estate, complexity can arise where the Will is being challenged or where beneficiaries are in dispute.
In any of these situations, attempting to act as a lay executor without professional support is a risk, both to the estate and to the executor personally.
Can an Executor Instruct a Solicitor?
Yes, an executor can instruct a solicitor to assist with all or part of the administration. The solicitor’s costs are paid from the estate, not by the executor personally, provided they are reasonable. This is worth knowing, because many executors assume they must either do everything themselves or stand aside entirely. Neither is true.
Where an executor instructs a solicitor, they remain in control and are kept informed throughout the process. The solicitor handles the administrative burden, manages the correspondence with financial institutions and HMRC, prepares the probate application, and ensures that the estate is administered correctly and that the executor’s personal liability is properly managed.
What If You Do Not Want to Act?
It is worth noting that being named as executor in a Will does not oblige you to act. You can choose to renounce the role, provided you have not already intermeddled in the estate, that is, taken any steps to deal with the assets. Alternatively, you can reserve your power to act, allowing a co-executor to take the lead while leaving open the possibility of stepping in later.
If you are thinking about making a Will and considering who to appoint as executor, it is worth having a frank conversation with that person before you name them. An executor who understands what they are taking on, and who has agreed to it, is in a much stronger position than one who discovers the extent of the role only after the death has occurred.
How We Can Help
At Fiona Bruce Solicitors, our Private Client team regularly acts for executors at every stage of the estate administration process. Whether you need support with the entire administration, help with a specific aspect of a complex estate, or simply some initial guidance on where to start, we are here to help.
Please call us on 01925 263 273 or email enquiries@fionabruce.co.uk to arrange an appointment.
The contents of this post do not constitute legal advice and are provided for general information purposes only ■
