Are you administrator or executor of a will? It's not easy dealing with your grief over a loved one, making funeral arrangements and starting the administrative duties of an executor all at the same time. Slater and Gordon solicitors can help.
If you are the executor of someone's will or if you have been named administrator, your task is to act according to the will of the deceased person. You may need a legal document, known as a Grant of Probate or a Grant of Letters of Administration, which gives you the authority to administer the estate of the deceased person.
Understanding what you need to do as the executor to a will can be daunting, particularly at such an emotional time. Below, we run through each of the steps to executing a will. However, it is worth bearing in mind that how complex these steps are and how long each takes will depend upon the circumstances of the deceased and their estate.
Find the most recent copy of the deceased’s will. This must be signed by the deceased and two witnesses to be valid and should be the original copy of the document.
Gather all the deceased’s assets. This may involve combing through some documentation to identify all money, property, investments, possessions and any outstanding debts or liabilities.
Apply for probate. In many cases, the executor of a will will need to apply for a Grant of Probate to gain the legal authority to administer the deceased’s estate. Where the estate is quite small (valued under £5,000), probate may not be necessary. You can learn more in our How to Apply for Probate guide.
Pay Inheritance Tax. Once you know how much the deceased’s estate is worth, you will need to pay any Inheritance Tax due on the estate before you can settle liabilities or distribute assets to beneficiaries. Learn more about Inheritance Tax here.
Settle any outstanding debts. This may include any outstanding bills, loans or mortgages. It is your legal responsibility as the executor of the will to ensure all liabilities are settled before the remaining assets are distributed according to the will’s instructions.
Distribute assets to beneficiaries. This involves distributing the remaining money and assets to the beneficiaries named within the will. This should be done in accordance with the instructions the deceased has outline in their will.
For support with executing a will, speak to our probate specialists
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services.
Mrs E, Manchester (wills, trusts & probate case)
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend.
Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication.
Mr S, Lancashire (wills, trusts & probate case)
Why should I consider legal representation as an executor?
There are different reasons for working with an expert solicitor when faced with the task of executing a loved one's will:
Timesaving: working with an expert solicitor will save you time.
Efficient: A professional solicitor with experience in the field will complete complex tasks easily and efficiently and will keep the administrative work and time spent on it to a minimum.
Independent Party: Unfortunately, sharing out an estate can often lead to disputes within the family. This is usually the last thing the deceased person wanted. A solicitor is an independent party with a neutral view. If the estate is contested, the solicitor remains a neutral party and once litigation is complete, the solicitor will then proceed to distribute the estate.
Responsibility: As an executor or administrator, you can be held personally liable for any mistakes made. The assistance of our specialist solicitors will help you avoid making mistakes.
I am the executor of a will – what can a solicitor assist me with?
Depending on the will, the estate, and the beneficiaries, carrying out your duties as an executor or administrator can be complicated and time-consuming. A professional will and probate solicitor can assist you with tasks such as:
Applying for a grant of probate or letters of administration
Collecting in assets and discharging liabilities
Communicating with the beneficiaries and distributing the estate in accordance with the will.
If there is no will, distributing the estate according to the rules of intestacy.
Considering and settling the tax liabilities of the estate (e.g. Inheritance Tax, Income Tax, and Capital Gains Tax)
Executing a will with industry-leading legal support
Are you an administrator or executor of a will? It's not easy dealing with your grief over a loved one, making funeral arrangements, and starting the administrative duties of an executor all at the same time.
This is why many executors and administrators (also known as personal representatives) choose to work with a solicitor who assists them with executing the will of the deceased person. Slater and Gordon have specialist solicitors who can assist you with your duties as the personal representative of your loved one's estate.
We are an award winning law firm and have a dedicated team of solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of wills and trusts. We can provide you with practical, affordable advice on your situation at the outset giving you clear guidance and options on your next steps.
Tailored advice
We understand that all situations differ - it’s not always a one size fits all - so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Yes, you can execute a will without a solicitor. This is particularly true if the estate is small, it is valued under £5,000 and no grant of probate is required, and or no Inheritance Tax is due.
However, for larger and more complex estates – or where the deceased’s will includes very specific instructions – it can be hugely beneficial to seek legal guidance. To speak to our expert probate solicitors and learn more about how we can support you, call us on 0330 041 5869 or get in touch online.
How much does a solicitor charge for executing a will?
Any expenses incurred by you in your position as executor or administrator can be reimbursed from the estate. For example, you may be reimbursed for your travel expenses and postage costs and, if you instruct a probate solicitor to assist with the administration of the estate, the fees incurred are payable from the estate.
However, as a lay executor or administrator, you are not entitled to charge for your time in dealing with the estate.
Can a family member execute a will?
Yes. In fact, it is very common for people to appoint family members or close friends as the executor – or executors – of their will. It is also possible for a beneficiary to be named as the executor of a will, though this does raise the risk of other contesting the will if the executor is seen to be benefitting more than others, particularly where the estate is large, complex or high value.
In these cases, it can often be a good idea to appoint a professional executor, such as a specialist solicitor. Not only can a solicitor provide detailed industry insight and legal guidance, but they can also act as an independent party to help settle any disputes early on.
Can a solicitor be an executor of a will?
Yes, a solicitor can be appointed as the executor of a will. Many people, in fact, rely on solicitors to execute their will if their estate is large and complex, or they have specific wishes that may require specialised legal knowledge to ensure they are carried out correctly.
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services. Mrs E, Manchester (wills, trusts & probate case)
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend. Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication. Mr S, Lancashire (wills, trusts & probate case)