Being named an executor in someone’s Will is a significant responsibility, often one that is accepted many years before it’s required. By the time you’re called upon to act, you may have forgotten what the role involves or perhaps were never fully aware of the legal and practical duties it entails.
In British culture, discussions about death are often avoided, which means that the details of your responsibilities as an executor may only have been briefly mentioned or misunderstood.
Serving as an executor can feel daunting, especially during a time of grief. For some, the process of managing a loved one’s affairs can provide a sense of purpose and focus. For others, it may be an overwhelming task during an emotionally difficult period.
At Lamb Brooks Solicitors, we are here to guide you every step of the way. Our experienced team will support you with compassion and professionalism, ensuring your loved one’s wishes are honoured carefully and promptly.
What Are My Duties as an Executor?
Registering the Death
A relative should usually register the death within five days. If you're the executor but not a family member, you can still register the death if a relative is unavailable.
To register a death in the UK, visit the official government website.
Locating the Will
Once you have the death certificate, the next step is to locate the will. If the Will was prepared with Lamb Brooks, we will have it safely stored in our secure ‘strong room’ and can arrange for you to collect it.
If you're struggling to locate a will, you can contact local solicitors or check the National Will Register.
Securing and Managing Assets
You are responsible for safeguarding any property, vehicles, and valuable belongings. This includes identifying all assets such as bank accounts, pensions, investments, and personal possessions.
Paying Debts and Inheritance Tax
Outstanding bills and debts should be settled, and creditors notified of the death.
If the estate exceeds the inheritance tax threshold (currently £325,000, unless being left to a spouse, civil partner, or charity), you may need to arrange for inheritance tax to be paid.
Keep detailed records of any payments made, especially if you cover costs upfront.
Contacting Beneficiaries
It is your duty to locate and communicate with all beneficiaries named in the Will. You must ensure the estate is distributed correctly, in line with the deceased’s wishes.
Grant of Probate and Administration
This stage can be complex and time-consuming. Applying for a Grant of Probate gives you the legal authority to deal with the estate. Mistakes on probate forms or miscalculations can lead to delays and penalties.
Working with a probate solicitor can make this process much smoother, ensuring everything is handled efficiently and correctly.
We’re Here to Help
Losing a loved one is difficult enough without the added pressure of administering their estate. Whether you need advice on what to do first, help applying for probate, or full estate administration support, our friendly team is here for you.
Call 01256 844888
Email enquiries@lambbrooks.com
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