The Duty Of Executors.
Executors are appointed in your Will to
deal with your estate when you pass away.
They are under a duty to ensure the terms of your
Will are carried out.

Please call us for a free no obligation chat on 0800 3 10 11 12

Executors are appointed in your will to deal with your estate when you pass away. They are under a duty to ensure the terms of your Will are carried out.

Please call us for a no obligation chat about your Will on 01536 276300 or contact us online.

Executor & Administrator Responsibilities

After a person has died the law demands that someone takes responsibility for the administration of the deceased’s estate. This person is called the deceased’s Personal Representative. In a Will they are called the Executors. If there is no Will they are called Administrators. There are essentially four things that the Personal Representatives usually have to do:-

1.       Ascertain The Value Of The Deceased’s Estate.

Collect details of the deceased’s assets including bank and building society accounts, shares, cars, houses, jewellery and furniture. Certain assets pass automatically to others on death – for example assets owned as joint tenants.

2.      Obtaining Authority From The Probate Registry. 

Unless the estate is very small, organisations will not actually hand over the deceased’s assets to the Personal Representative without an official court order from the Probate Registry of the High Court.  This is usually referred to as a Grant of Probate, if there is a Will, or a Grant of Letters of Administration, if there is no Will. In order to obtain a Grant, the Court will normally want to see three documents. First the original Will (if there is one). Second, a sworn statement (the Oath), which explains how the Personal Representatives are entitled to act, and gives a valuation of the estate. Third, an account for the Inland Revenue is needed and a receipted invoice that Inheritance Tax has been paid.

3.       Pay Any Inheritance Tax Due.

Inheritance Tax is a simple, if not well liked, concept – on death the first £325,000 (from 6 April 2012) is free from tax. After that tax is payable at 40%. Certain categories of beneficiaries do not have to pay Inheritance Tax, such as spouses and charities, and gifts made by the deceased seven years before their death.  If Inheritance Tax is payable, then some or possibly all of it, must be paid before the court will issue the necessary Grant. 

4.         Distribute The Estate To The Beneficiaries

Once the Personal Representatives have received the Grant they can collect in all of the deceased’s assets, pay any outstanding bills, and then distribute the balance in accordance with the deceased’s Will, if there was one, or in accordance with the Rules of Intestacy if there was not.  A formal account of all the money received, paid out and passed on needs to be prepared.

Are You An Executor? Need Legal Help?

Personal Representatives do not have to deal with matters themselves without legal help.  They do not have to go it alone. Dealing with estates can be confusing, time consuming.

Executors have the legal right always turn to a solicitor for help and assistance.

Any legal fees will be payable by the estate not by the executors.

We at Seatons can help and provide you with free initial advice on all these matters.

Appointing Professional Executors

Many people prefer to appoint Professional Executors such as solicitors to act as their executors and trustees. Here are five great reasons:

Professional Efficient Service

You want your estate to be administered as quickly and efficiently as possible. But sometimes estates can be quite complicated and time consuming to administer. If you have made the important step of making a will then you do not want your executors to get confused, cause delays and make costly mistakes.

Avoid Legal Problems And Hassle For Your Loved Ones

After your death the last thing your loved ones are going to want to do is run around worrying and getting stressed trying to work their way through the legal complexities of administering an estate. By appointing Seatons as executors your loved ones can avoid the hassle and stress and ensure that they can focus on more important matters such as remembering you and coming to terms with their loss. They can focus on the more personal matters such as organising your funeral and sorting out your belongings and not worrying about the legal issues.

Friendly, Professional, Honest And Trustworthy

You need to make sure that your executors act in a completely honest and integrous way. We at Seatons, are legally required to ensure that your estate is administered accurately and properly in exactly the way you want.

Avoid Family Disputes

When people die all sorts of problems and disputes can arise even if you have made a will. We at Seatons are independent and unbiased and will make sure that any disputes or problems that might crop up are resolved quickly fairly and with as little fuss as possible.

Save On Legal Costs

Lawyers can charge all sorts of different fees for the work they do. We at Seatons pride ourselves on providing low sensible fees and most giving great value for money. Compared with appointing Banks, Accountants and other Solicitors as Executors you will find our fees are considerably lower. (You see, we don’t have fancy offices or flash cars to pay for so we can make sure that our fees are lower and better value than most other professional executors).

7 Reasons To Make A Will

Making A Will With Seatons

Helpful Information For The Over 60’s

Adrian Chambers - Seatons Solicitors

Will Specialists

My name is Adrian Chambers. I am a lawyer who specialises in creating and preparing Wills.

We aim to provide our clients with an outstanding legal service. We will help and support you and most importantly we work hard for you.

Please contact us for a free, no obligation chat on 01536 276300 or contact us online.

Latest Articles About Wills

‘Both’ or ‘Each’? – One Mistranscribed Word Triggers £6.4 Million Will Dispute

Will drafting is an exact science, requiring years of professional training, and a single mischosen or out-of-place word can have very serious consequences.

Home-Made Wills Are A Recipe For Family Rifts – A High Court Cautionary Tale

Executing a home-made will without the benefit of legal advice is sadly often an effective means of promoting bad blood between loved ones.

Distinguished Academic Pursued ‘False Case’ in £3 Million Will Dispute

The High Court found that a distinguished academic had pursued a false case with a view to inheriting half of a friend's seven-figure estate

Trusts – Court Relieves Family of Severe Tax Consequences of Drafting Error

Trusts are complex legal instruments and any flaws in the wording of documents relating to them can have grave tax and other consequences.

Download our FREE guide to

Making a Will today

Free Guide To Making A Will

  • * Required
  • Click To View Our Privacy Policy

Download our FREE guide

for the over 60’s today

Download Our Free Guide For The Over 60s now

Covid19 Information

**UPDATE** WE ARE OPEN FOR PRE-BOOKED APPOINTMENTS ONLY FROM MONDAY 19th July 2021. Our front doors will remain closed to the public for the time being. We are unable to deal with clients without an appointment, but our reception staff can assist you in the interim. We hope you can understand that we are doing this to keep our staff as safe as possible from the ongoing Covid issues.