What Can You Do if the Executor Role is too Much?

When someone close to you dies, there can be an awful lot to unravel. Not only will you be dealing with grief, you may also find yourself responsible for administering their estate. 

If you have been named as an executor, you may find yourself facing a great deal of responsibility. 

What is the role of an executor?

An executor is responsible winding up all the financial affairs left behind by someone who has died. 

This includes:

• Assessing and valuing the full estate.
• Contacting all relevant financial organisations and creditors.
• Paying all outstanding bills and debts.
• Calculating and paying any applicable tax bills.
• Communicating with beneficiaries.
• Selling property on behalf of the estate. 
• Distributing assets according to the terms of the Will.

Why might you not feel able to take it on?

Many people agree to be named as an executor on a loved one's Will without realising how much work is actually involved. It can take anything from a few months to a few years to administer an estate, especially when it comes to more complex estates. 

In practice, this means that executors are expected to invest a great deal of time into the task with no renumeration. This just might not be practically possible for some people, especially those who already work long hours, are dealing with ill health or disability, and/or have existing caring responsibilities to manage. 

Taking on the task of winding up an estate is also a complex, legal responsibility. Not only will you be called upon to navigate legal systems you may be unfamiliar with, you could also be held liable for any mistakes that are made. 

It's important to understand that executors can be held financially accountable for any issues, meaning that they could be expected to 'make good' any issues from their own pocket. 

Could you refuse the task? 

It is possible to choose not to act as an executor when the time comes, even if you have previously agreed to take on the task. 

In situations like these, executors can renounce the role completely and permanently, or they can choose not to act for the time being, but to hold onto 'power reserved'. This means that they could choose to act on behalf of the estate at a later date. 

Is there another option?

There are lots of reasons why you might not feel comfortable completely refusing the role of executor, even if you are worried about taking on the workload and legal responsibility of the task. 

This might be because:

• You don't want to feel that you are letting down the person who has died.
• You want to retain a level of control over how the estate is managed.
• You don't know who would take on the task if you refuse it.

Luckily, there is another option. As an executor, you are perfectly within your rights to bring in support to assist with the task. You can choose to appoint an experienced probate solicitor to manage the task on your behalf. 

In situations like this, you would retain all control over how the estate was managed, but you would be able to hand over all the minutiae of this complex and time-consuming task to professionals.

Not only would this mean that you would save a great deal of time, you could also be confident that the specialists will ensure no mistakes are made. 

If you'd like to talk to us about how we could support you in the task of winding up an estate, why not book a free discovery call with us?

FAQs

Can an executor choose not to act on behalf of an estate?

If you've been appointed as an executor in someone's Will, you have the right to choose whether or not to take on the responsibility when the time comes. This is true whatever your relationship was to the person who has died, however much you may or may not stand to benefit from the Will, and whether or not you have previously agreed to take on the task. 

What does it mean when an executor chooses 'power reserved'?

If you decide not to take on the role of administering an estate, there are multiple ways you can turn it down. You can choose to renounce your role, which is a way of permanently stepping down. Alternatively, you can choose not to be involved at present but to retain 'power reserved', which means you keep the right to act on behalf of the estate should you change your mind in the future. 

Can you appoint a probate solicitor to help you administer an estate?

Administering an estate after a death can be an overwhelmingly large task, and many executors decide they need support. A specialist probate solicitor is perfectly placed to offer this. You can appoint a solicitor to do anything from advising you to managing the whole process on your behalf.