An Executor is someone who is named in the Will of a deceased person to be in charge of their estate. Being an Executor is a legal responsibility and requires you to complete a long process known as probate. The complexity of the process and the stress it can cause makes it prudent to seek legal advice if you find yourself as an Executor.
Below is an outline of three of the most common issues people have when they are an Executor. This includes what happens when there is more than one Executor, when a named Executor dies before they become an Executor, and what happens if you don’t want to take on this role.
Multiple Executors
It is commonplace for more than one Executor to be named in a Will. In fact, this can be good practice to ensure someone will be available to fulfil the role. Typically, friends, family members, or even professionals are named in the Will to act as Executors. Certain rules apply if nobody is named in the Will or if there is no Will. In this case, administrators of the estate are appointed based on their closeness in the family tree to the deceased.
If there are multiple Executors, this does not mean that every Executor has to be active in administering the estate. It does, however, mean that one Executor cannot act without the consent of their co-Executors. If they want to take a more passive role, they can consent to one Executor taking charge.
Disagreements between Executors
If all of the Executors can agree on what to do with the deceased’s estate or all are happy to appoint one lead Executor, the process becomes a bit simpler. However, disputes may arise about several things, such as the sale price of an asset, whether to sell an asset, and what counts as expenses in relation to the estate.
There are a few options for Executors who disagree to avoid halting the administration of the estate. The Executor/s in disagreement could agree to have their powers reserved to them, meaning that they agree not to take an active role in the administration of the estate. This allows the other Executors to continue with their plan. The passive Executor can apply for probate and take a more active role later if they so wish.
The Executor could also renounce probate. This more final option removes the Executor for good (although this may not be available if you begin to administer the estate). As a drastic measure, Executors can apply to the Court to have other Executors removed. However, this can be a lengthy and costly process and should generally be avoided.
Seeking independent legal advice from our specialist team at Lewis Nedas Law can help resolve issues among Executors and prevent the escalation of disagreements. This is an option which should be considered carefully to allow for a smooth estate administration.
Deceased Executors
When a named Executor dies before probate is granted, someone else who has authority will need to step in to take on the responsibility. If there are others named in the Will, they will fill this role. However, when there are no others named or they are also deceased, likely, those entitled to the largest share of the deceased’s estate will step in to become Executors.
It may be that the Executor has already obtained a grant of probate before dying, therefore the first step is to revert back to the Will. When there are other named Executors, they will continue the estate administration. The Executor/s of the deceased Executor’s estate will take over the role on their behalf if there are no further named Executors, a process known as the Chain of Representation. If no Will was left by the deceased Executor, then it is likely that those entitled to the largest shares of the estate will take over, as described above.
What if I don’t want to be an Executor?
If there are multiple Executors to an estate, then it is possible for an individual Executor to have their powers reserved or to renounce their post completely if they do not want to continue the role. Should neither of these options appeal to you, or you cannot use them, it may be possible to appoint someone else to complete the duties through what is known as an Attorney Grant. Alternatively, you can hire a probate solicitor to deal with the estate.
Contact our Probate and Executry Solicitors in Central London Today
Being named as an Executor can be emotional and stressful. At Lewis Nedas Law, we pride ourselves on being the helping hand you need to handle the process with ease. Whatever position you find yourself in, please contact us on 020 7387 2032 or fill in our online enquiry form to get help from our experienced team.
