Who or what are 'executors'?

When you write a will or get a will written, you’ll need to choose one or more executors. Before you decide whom to appoint, it’s important to know what their duties and responsibilities are after your death.

When somebody dies, it’s often a mistaken assumption that the next of kin or other family members can sort out their affairs and deal with any gifts they’ve made to loved ones.

Unfortunately, that’s not always the case. When you make a will, you appoint one or more executors to ensure that your wishes are carried out after your death. That includes making sure that all gifts in your will are received by the beneficiaries. Your executor/s can be your spouse or other family members, but that's not always the case.

Other responsibilities of your executor/s include dealing with the administration of your estate, such as paying off any debts or paying any inheritance tax that may be due. The will may include specific instructions for the executor/s, such as which assets should be used to pay taxes and expenses.

Choosing your executors
You should obviously choose people you can trust. It also makes sense that they're significantly younger than you, so there’s less risk of them pre-deceasing you.

If you wish, you can appoint a professional (eg a solicitor or accountant) as executor. However, they may charge for their services.

It may also be a good idea to appoint one or more substitute executors, just in case one or more of your chosen executors is unable or unwilling to act.

How many executors should you have?
You can have just one executor, but this is not always advisable. Older people may find the administrative burden challenging and may need support. In addition, having two executors means there's less risk of disputes.

Technically, there’s no maximum number of executors you can have. However, only a maximum of four executors can apply for probate and formally administer the estate.

Can the executor/s get professional help?
Yes, if they don’t feel comfortable with applying for probate and administering the estate, the executor/s can seek help from an independent professional, such as a solicitor or probate specialist.

Should you ask your executor/s before including them in your will?
Yes, definitely. Some people may not be happy to be named as an executor. They also need to be aware in advance of their responsibilities, including the fact that they have a legal duty to carry out those responsibilities properly and diligently. They must work in the best interests of the beneficiaries and they can be held personally liable for any errors or erroneous decisions they make during the course of the administration of the will.

Applying for probate
In order to deal with most estates, the executor/s will need to apply for probate. Probate is a legal right to deal with someone’s property, money and possessions (their ‘estate’) after they’ve died. For example, unless you were a joint owner, you can’t sell their assets (such as their home) or access their bank accounts until you’ve got probate.

You can apply for probate online or by post after you’ve valued the estate.

For professional, affordable will writing services in the Ipswich, Kesgrave and Martlesham area, call 01473 659024 or email hello@cswills.co.uk

For more information on how to make a will visit www.cswills.co.uk


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