Do I have to act as Executor?

Alice Hudson, a Tax Executive in our Exeter office, looks at what happens if you are asked to be an Executor in a will.

Taking on the task of executor in a will can be onerous and could be something that you agree to a long time before someone passes away, or without realising the implications.

For example, an executor is personally liable if they distribute the estate without ensuring all other debts have been paid..

Even if you are named as an executor in a will you do not have to act if you no longer want to.

There are, broadly, three options available to you once someone has passed away: 

• Renunciation 
• Power reserved 
• Act as executor

Renunciation 

If, as an executor, you wish to permanently step away from the responsibility of dealing with an Estate in England or Wales, this is possible by way of signing a deed of renunciation.

This should be done as early as possible and must be done before the executor has any involvement of administering the estate (known as intermeddling). If the executor has intermeddled they will not be able to renounce and they will need to act as executor.

Examples of intermeddling are:

• Collecting in assets
• Paying debts
• Passing assets to a beneficiary

Power reserved

If you do not want to act now, for example if there is another executor who is happy to take on the role by themselves, but you do not want to totally give up your right to act in the future, then you could choose to have power reserved to you.

In most cases the executors will have to sign every document. Therefore, if, for example, an executor lives in another country, this can delay the administration process.

Having power reserved allows another executor to continue in your absence, but allows you to resume your role in the future if needed. 

Act as executor

Finally, there is the option to take up the appointment as executor.

If you chose to do this you would be responsible for administering the deceased’s estate.  

This is often done through a probate professional who can assist you with the process, or if desired, handle everything for you. 

This can be a popular option for many as the process can be very complicated and time consuming.   It is also something that most people are not overly familiar with. 

At Bishop Fleming we can offer the support and guidance to help make the probate process as smooth and as easy as possible for you. 

Further information

You can find more information on our Estate Planning and Probate Services page.

If you would like to discuss probate and about keeping good records, please contact a member of our Estate Planning & Probate team who will be pleased to talk to you.