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Acting as an Executor

An executor or personal representative is the name given to the person appointed to administer an estate.

If the deceased made a will they have nominated a person or people to do these things for them, called executors. If the deceased did not make a will then a person with an interest in the estate can ask to be appointed, this person is called a personal representative or administrator.

If you have been appointed as an executor or personal representative, you have a very important role and it is important that you ensure that you understand your obligations and duties.

Your first duty is to ensure that the death is registered and that someone is taking appropriate steps to dispose of the deceased’s body, either arranging a funeral or making other arrangements in accordance with the deceased wishes.

You will need to preserve the deceased assets, their property, bank accounts and investments and take steps to start to identify any liabilities. You may need to arrange to physically secure a property, turn off utilities, make sure it is locked and insured and collect any personal papers that will assist you to identify assets and liabilities. You will need to notify pension providers, local authority and tax authorities that the person has died.

When you are able to value assets and liabilities you will be able to calculate inheritance tax liabilities, and if necessary apply for a Grant of Probate (see Apply for Grant of Probate) or Letters of Administration (see Intestacy) and arrange to pay the inheritance tax.

You can ask for help carrying out your duties as executor and we are able to assist with any of the following:

An application for Grant of Probate or Letters of Administration.
Estate administration – providing advice on all aspects of dealing with the administration of an estate for you as the Executor or Administrator
Beneficiaries – offering advice on your entitlement or on the handling of the administration by the personal representatives
Complete the Inheritance Tax paperwork and arrange payment of the Inheritance Tax
Applying for Grant of Representation on behalf of the personal representatives
Trusts – advise trustees on their accounting requirements and on the administration and winding up of a trust when a beneficiary dies
Intestacy (dying without a Will) – advise personal representatives on their responsibilities as well as their personal liabilities regarding the estate
Inheritance Tax – reducing a beneficiary’s tax burden with deeds of variation or deed of disclaimer
Accounting service – including the preparation of estate accounts, lifetime income tax and administration taxation
Resealing a Commonwealth Grant of Representation
Applying for a Grant of Representation in the UK to deal with UK assets of a non-UK domiciled individual
HMRC – assist with negotiations with HMRC where there is a dispute about agricultural property relief or business property relief or gifts made by the deceased in their lifetime.

We are here to provide support, help and guidance, and to assist you at each stage of the Probate process.

FAQ

Costs

For more information contact rb@startpointlaw.co.uk or telephone 01548 288008