Being named as an executor in a Will often goes hand in hand with the pain and upset of losing someone close to you. This may mean that the prospect of being an executor is not a welcome one.
There are a number of routes that you may decide to take. The first is to remain as executor of the Will and to complete your duties. This can be a time consuming and lengthy process to complete but on the other hand you may feel that you want to complete this one last task for your loved one.
Executing a Will does mean that you have a number of legal responsibilities and duties to meet. You become responsible for the payment of all inheritance tax owed on the estate along with ensuring that your loved one’s wishes are carried out as instructed in the Will. Where there is a dispute over the Will, you will be legally responsible for getting the dispute resolved and may even be named in the case of it going to court.
Secondly, you can appoint someone else to act as executor in your place. This could be another family member or a solicitor. The process is straightforward and you only need to complete a form. If you are going to appoint a solicitor to administer the estate on your behalf, they will help you complete the form.
Lastly, you can decide to renounce your role as executor. This means you do not want to act as executor, nor do you want to appoint someone else in this position. You must not have had any dealings with the estate at all or else you will not be in a position to renounce. This means that this decision must be taken quickly or you may find yourself unable to do so.
Administering an estate can be a lot of work, but you can get help and advice from a specialist wills and probate solicitor.
This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitor before decisions are made and before you embark on a certain course of action.
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