West London Solicitors

Executor law

What is the role of an executor?

An executor’s role is to distribute the estate of the deceased as specified in their will.

How is an executor chosen for the role?

The deceased normally chooses an executor but if for whatever reason the appointed person cannot fulfil the role then you must gain the consent of another person before appointing them.

How does the executor carry out the role?

The executor may  instruct a firm of solicitors or divide the work between himself/herself and a solicitor.

When does the executor know what his role is?

When the will writer dies, then shortly after this death the executor’s duties will be outlined in a document known as the ‘executor’s oath’.

Is the executor paid for any administrative work carried out?

The executor will be able to claim back any amount they have become personally liable for when arranging the funeral.

This will ensure the executor will not be financially burdened for any amounts used while taking this position as they will be paid out of the estate.

How much work is the executor expected to perform?

This will depend on the size of the estate. If it is small then there is not much to do apart from closure of personal bank accounts and distribution of assets. Larger estates will require more time and effort.

What will the executor be expected to do?

They will sign a large number of documents and deal with correspondence. They will locate and identify assets and distribute them.

The executor is warned not to underestimate the time required for this type of task.

A family member claims something stated on the will is different to that which the deceased promised. What should the executor do?

The law requires that the executor comply with the will’s specifications. This means that even if a family member or friend was promised something for a number of years and this contradicts with the will they won’t be entitled to it.