Published on: 17th October 2022

Duties of an Executor

When writing a Will, it will be necessary to nominate executors. An executor has various roles and will have the responsibility of distributing your estate on your passing according to the terms of your Will. Your executors need to be over 18 and can be beneficiaries of the Will ~ they may also be nominated as trustees to govern and distribute any assets in trust. It is advisable to have at least two executors in case one of your executors is unable or unwilling to act at the time either due to them passing away before you or losing capacity. This additionally highlights the importance of reviewing your Will frequently to ensure your executors are still the best people to act. Being an executor can be extremely challenging and burdensome. The responsibilities can involve dealing with funeral arrangements and covering costs, applying for the grant of probate, completing inheritance tax forms and drawing up estate accounts for the beneficiaries.

When acting as an executor and undertaking these duties, the best interests of your beneficiaries should always be taken into consideration. It is extremely important to note and ensure that executors are aware that they can be held personally liable if any mistakes are made during the estate administration process. This can result in executors being fined or may even lead to a prison sentence.

Recently, a case was heard in the High Court where an executor did not act in the best interest of the beneficiaries and failed to comply with a Court Order. As a result of failing to comply, the executor was given a prison sentence. In Totton & Anor v Totton [2022] EWHC 2304 (Ch) the beneficiaries of the Will were to receive 50% of the estate following the payment of three legacies of £10,000. Upon the executor applying for the grant of probate, two of the beneficiaries wrote to the executor regarding the termination of a trust. The executor did not respond to multiple letters written to him about distributing the estate and requesting information. In light of this, the beneficiaries brought a claim for the estate to be distributed, among other things. The executor admitted to not responding to the letters and the Judge found he was in contempt of court. In this case, the Judge did decide to give the executor one more chance to comply with the Court Order.

With the possibility of a prison sentence, it is extremely important your executors fully understand and perform their duties and responsibilities correctly. We recommend all executors contact us when the time comes to arrange an appointment to discuss their duties. During this appointment, we can advise and aid the executors if they want professional assistance with their role. If you would like a no-obligation appointment, please call our client services team on 01732 868190 or by clicking here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

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