An Executor is a person that is appointed by you, to carry out the instructions in your will.
It is possible to choose multiple executors and in certain circumstances it is necessary to have more than one, such as where Trusts for children are concerned.
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It is important that you can trust the people you appoint as Executors and even if someone is included as a beneficiary in your Will they can still act as an Executor on your behalf. Any Executor must be over 18. Many people will appoint family members or good friends; however it can also be a good idea to appoint a professional Executor such as a firm of Solicitors for accuracy and security, particularly where the estate is complex or where family disputes may arise.
Executor Responsibilities and Liabilities
Because a Will is a legal document, there are serious responsibilities involved for those who are appointed to uphold its terms. Executors are liable to correctly distribute assets of an estate and failure to do so can lead to legal action if beneficiaries do not receive what they are due. Executors are able to seek legal advice on these matters; however having a legal professional as a joint Executor is another way to have immediate expertise on hand to ensure accuracy and also to guide other Executors who you have selected.
Appointing a Firm as an Executor
Franklins as a firm can be appointed as Executors either as a first option, or as a substitute if for any reason an Executor that you have previously selected cannot carry out their duties. There is a big benefit in this as it offers a reliable and constant option, plus a firm can always offer the time and knowledge needed to deal with the estate carefully and efficiently, whereas for an individual this can sometimes be difficult. The cost of this work varies dependent upon the size and complexity of the estate. We recommend an initial meeting to understand the situation clearly.
What does an executor have to disclose to beneficiaries?
The values of the assets and debts of the estate of the person who died. In some circumstances they have to agree their fees.
What is an Executor?
An adult appointed in a Will only to administer the estate and apply for probate.
Can Executors ignore a Will?
No they cannot.
What happens if two Executors of a Will disagree?
Then the estate cannot be administered. Ultimately the Court can decide to appoint new executors if the siuation is really bad.
Is it better to have one or two Executors?
Depends on the assets and family situation. You only need one Executor.
When should an Executor pay beneficiaries?
Once they are happy that all debts are paid and all assets are dealt with.
Contact the Franklins Wills, Trusts and Probate team
If you have any questions about executors, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
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