The person (or people) named in a Will who is responsible for carrying out the wishes of the person who has passed away. This includes collecting their assets (things that are worth money), paying outstanding debts and making sure the beneficiaries of the Will receive their gifts.
Acting as an executor can be a complicated process. If you have any questions about what you need to do, visit our step-by-step guidance for executors or contact us and we'll be happy to support you.
An executor's duties begin after the person has passed away. These can include:
Registering the death
Arranging the funeral
Valuing the estate (all the assets combined)
Paying inheritance tax
Applying for probate
Managing finances
Ensuring depts are settled
Distributing the estate
Executors are legally responsible for making sure the wishes in the Will are carried out correctly. It’s important for executors to keep a record of all the transactions relating to the estate, as beneficiaries can have a right to request a copy of the estate accounts to make sure their gift has been fully received.
As a charity, we’re legally required to make sure the gifts left to us are legitimate and used as the supporter intended. This forms part of our annual audit. Requesting a copy of the Will helps confirm we’re the intended beneficiary and identify any conditions we must follow.
Yes, an executor can also be named as a beneficiary. However, their duty is to act in the best interests of the estate, not just their own.
Under certain circumstances, an executor can amend the terms of a Will to rearrange or vary what beneficiaries will inherit. In order to amend the will, the beneficiaries who are affected must agree to the proposed change and sign a formal Deed of Variation.
Usually, people will discuss and inform their proposed executors that they intend to appoint them to act on behalf of their estate.
While it’s not necessary for an Executor to hold a copy of the Will themselves, locating the original Will is often one of the first steps of dealing with an estate after someone passes away. It is therefore useful for them to know where the original Will is stored.
If it was prepared by a solicitor or Will writer, they may have the original document stored safely.
To resign as an executor and free yourself from dealing with the estate, you’ll need to complete and sign a Deed of Renunciation before an impartial witness. Generally, this must be done before you deal with any of the estate administration. If you have any doubts about your ability to renounce, contact us or obtain legal advice.
A Will may have multiple people as executors. If one executor wishes to act on behalf of the estate by themselves, they can take the lead with power being 'reserved' to the other executors, provided the other possible executors agree.
An agreement of this type is confirmed when applying for the Grant of Probate (known as the Confirmation in Scotland).
If multiple executors apply for the Grant of Probate and are formally appointed, they must work together unless one decides to formally resign.
Certain out of pocket expenses can be claimed out of estate funds, including:
Probate application fees
Postage costs
Paying utility bills
Property maintenance and insurance
Property or asset valuation fees
Property clearing or cleaning costs
The beneficiaries can have a right to ask for a breakdown of the expenses paid out by the estate, so it’s important for executors to keep an accurate record of any expenses they claim.
Visit our guidance for executors page for step‑by‑step help, gift information, and details on how to contact us.
Visit our Guidance for Executors page