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                           What is the role of an Executor of a Will?


                        Executors carry out your wishes, as stated in your Will. People often appoint their spouse, partner, or
                        children as Executors under the Will. Name more than one Executor in case one dies or the appointed
                        people cannot, or do not, wish to act. A professional executor may be useful in large or complicated estates.
                        Having more than one executor may make the work and responsibility easier for them. The Executors
                        may have to handle day-to-day administration of your estate until it is distributed. Expenses incurred by
                        Executors can be claimed from the estate.
                        The choice if Executor could be Individuals, professional people (Solicitor, Accountant or Bank Manager)
                        or a Trust Corporation.
        They all have advantages and disadvantages which need to be considered in the light of the circumstances at the time of
        drafting the Will.
        You should take into account the following:
        • Availability, suitability & willingness to act, as well as if there is any possibility of conflict or dispute;
        • The possibility of them predeceasing you.
        • The size, nature & location of the estate and the complexity of the burden placed on the Executors.
        Understanding the role of an Executor
        In order to legally fulfill his or her obligations as an executor, they must carry out a number of tasks and duties which could
        include but not limited to:
        Locate and review Will
        •  Find and review latest Will, any Codicils & Memorandum of Wishes (use the National Will Register if you can’t find the Will)
         and ascertain if probate is required. File the Will with Probate Registry.
        Arrange the Funeral
        • Obtain death certificate, once the death has been registered and arrange the funeral, if appropriate.
        Arrange Guardianship for under 18 year old children of the deceased (if applicable)
        • Arrange care for dependent children and pets, in line with the Will.
        Organise & Safeguard Assets
        •  dentify all assets, income and liabilities and compile an inventory. Locate and gather all important documentation such as
         I
         marriage certificate, property deeds, insurance policies, share certificates, lease agreements;
        Notify Parties
        •  Notify relevant parties such as Banks, utility providers, Insurers, pension providers, beneficiaries and the government.

        Placing a Deceased Estates Notice
        •  The law In England & Wales recommends publishing a notice in The Gazette and a local newspaper to allow anyone owed
         money by the estate of a deceased person to get in touch within 2 months and 1 day of the death.
        • Failure to comply with placing a notice, could result in a fine.
        Manage Finances and Settle Debts
        • Apply for Grant of Probate, if applicable; This allows you to deal with the deceased’s estate.
        • Stop all necessary payments or subscriptions, and cancel credit cards;
        • Open Executor Bank account to manage the financial affairs of the deceased’s estate;
        • Claim life insurance if applicable and any outstanding money due to the deceased.
        • Pay any tax due.
        • Distribute the estate in line with the Will, once all debts have been settled (including Inheritance Tax [IHT]).
        Personal Responsibility
        Lay executors must work out if Inheritance Tax [IHT] is due and pay it (within 6 months of the death) before probate can
        be applied for and ultimately, assets distributed to beneficiaries. Executors could find themselves personally liable for any
        shortfall if there are insufficient assets remaining in the estate to pay the tax due.

        HMRC recovered a record £326 million following investigations into underpayments of IHT in 2022, with thousands of new
        investigations opened.
        Being the Executor of an estate is not really an honour but a difficult and time consuming job that carries personal legal
        liability. An Executor will probably work for at least a year getting your estate settled and could very well be an unpopular
        person to your heirs, so choose carefully! It’s always advisable, where possible, to seek professional help.
        Sonal Tanna, Iform and LCNL are not responsible for any errors or omissions, or for the results obtained from the use of this
        information. All information in this article is provided as guidance only. Always seek professional advice.
        Sonal Tanna
        Estate Planning Consultant
        sonal@tanna.me.uk
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