DUTY OF AN EXECUTOR OF A WILL - PROBATE LAW UK

Our specialist solicitors offer free legal advice on probate law and on the duty of an executor of a will. Our solicitors will deal with contested and non-contested cases where either the validity of a document is questioned or a claim is made by someone not included as a beneficiary including relatives and dependants. If you would like to receive free legal advice on these matters, fill in the contact form or call the helpline. A solicitor will discuss your matter with no further obligation and you will not be charged for this initial consultation.

A grant of probate is a document issued by a Probate Registry, which is a part of the High Court of Justice upon application by an executor of a will. It gives the executor the authority required to deal with the assets of the deceased as described in the deceased’s will. In many cases the executors that have been appointed under a will are solicitors, banks or accountants however they may also be members of the public, especially trusted friends and relatives. Usually those who are not experienced in probate law or who are not familiar with the duty of an executor of a will make arrangements for a solicitor to act on their behalf. Solicitors are also often involved, particularly in fractious families, in order to reduce the possibility of complaints or potential legal action by unhappy beneficiaries or by those who were not included in the will.

These probate law matters can be complex, especially the application to the Registry which requires a thorough assessment of all debts and liabilities together with a valuation of all assets, including bank accounts and real property. Once this has been completed the application is submitted to the Registry together with an account showing all assets and liabilities to be considered by the capital taxes office. At this point, the proposed executor is called to the registry to swear an affidavit which contains details about the deceased and the death, along with the amount of the net value of the estate. The original will must be attached to this affidavit. The application is then considered by the Registry, which will issue the grant. In due course, the capital taxes office will consider the executor’s account and may ask for additional figures. If the net value of the estate exceeds current limits then tax will be payable.

When the grant has been issued, it gives the executor the legal right to deal with the assets of the estate in accordance with the duty of an executor of a will. That duty includes fulfilling the wishes of the deceased as instructed within the will. This execution may involve the sale of property, liquidation of shares and calling in the balance on bank accounts. Once all assets are liquidated and all debts and taxes paid, the executor then distributes the assets as the will instructs to the beneficiaries. Executors must be extremely cautious about the way in which they deal with matters and must remember that they have a personal responsibility for tax and a personal responsibility to the beneficiaries.

Our nationwide network of solicitors deals with all matters concerning wills, probate and grants of administration including contested cases If you would like free initial legal advice either use the helpline or complete the form and a solicitor will discuss your case with you and give you free, no obligation advice.