The Roles and Responsibilities of the Executor or Administrator
When someone passes away, the last thing most people want to think about is how the estate is going to be distributed. Unfortunately, the legal and financial responsibilities associated with probate will not wait until later.
Probate refers to the administration of an estate by either an executor or administrator. Many assume the legal and financial processes following their death will be easily taken care of, especially if they are married – in reality, they are seldom straightforward. The person who you would expect to take charge of your estate will usually be one of the people most affected by your passing.
On the other hand, this is the same person often best left in charge of an estate, as they will be committed to carrying out your wishes. To make this challenging process easier for you, our Brentford-based team of wills and probate solicitors have created this simple, jargon-free guide to probate, should you ever find yourself in an executor or administrator’s shoes.
The difference between an administrator and an executor
An executor of an estate will be the person (or people) named in the deceased will, who the deceased wishes to manage their estate following their passing. They will need obtain the original will in order to apply for a grant of probate from the probate registry. Once they have received the grant of probate, they can begin dealing with the deceased’s estate.
A will may name up to four people to act as executors and all executors must be listed on the application for probate – if you could not reach the other executors, you must prove that you tried to contact them prior to sending the application.
If you are named as an executor, you can choose not to act- the estate may instead be dealt with by the other executors or an administrator.
If the deceased died without having made a valid will, or if none of the named executors wished to act, an administrator may instead be appointed. Priority over administration of an estate goes to a close relative via the rules of intestacy, who must then apply for a Grant of Letters of Administration. You can find out who would receive priority in your matter on the government website.
If none of the deceased’s relatives can or want to administrate the estate, a professional administrator can be instructed. There is no shame in doing so; the administration of an estate is a complex and arduous process already, let alone with the weight of bereavement to carry. However, a professional administrator will charge for the use of their services.
Tasks Within Probate
Probate entails the list of responsibilities associated with distributing the estate in accordance with the deceased’s final wishes. These responsibilities include:
• Collecting in all assets and valuing the estate
• Completing inheritance tax forms, calculating any inheritance tax due and ensuring it is paid
• Obtaining clearance from HRMC to begin administrating the estate
• Completing and submitting any necessary income tax returns, including a final income tax return prior to the distribution of the estate
• Contacting all financial institutions, government bodies and other interested parties, to obtain details of all assets and liabilities of the estate
• Ensuring that any outstanding payments owed by the deceased are paid – these payments can be made from the estate
• Establish whether the deceased shared any joint assets with another person, and liaising with the joint owner about transferring the assets to them
• Preparing an estate account and keeping a record of all money entering and leaving this account
• Arranging the sale of any assets (for example to cover debts owed by the deceased), cashing in and closing accounts
• Setting up and managing any trusts created by the will, including placing trustee act notices requiring claimants to come forward
• Identifying any life or minority interests
• Distributing the proceeds of the estate to beneficiaries as per the will (or rules of intestacy if there is no will)
For someone unfamiliar with legal matters, this list may feel overwhelming. Our will and probate solicitors are here to help – for further advice, please contact us on 020 840 6640, or at solicitor@starckuberoi.co.uk.
What to do if an executor or administrator is not completing their duties correctly
An executor or administrator may be in charge of distributing the deceased’s estate, but they are still bound to do so by the terms set out in the deceased’s will, or by the rules of intestacy if no will is available.
If you believe the executor or administrator of a loved one’s will is not correctly completing their duties, you should first ask to see the estate accounts, which the executor or administrator is responsible for updating whenever money comes in or leaves. If you see that something is amiss in these records, you can legally challenge the administrator or executor in order to recover anything you were entitled to.
Deeds of variation and Probate
Any beneficiary may use a Deed of Variation to redirect some or all of their share of the inheritance to someone else. This must be done within 2 years of the deceased’s passing, and all beneficiaries whose share of the inheritance would change as a result must agree to the changes – if any beneficiaries did not agree, then those who did agree may only redirect their shares of the inheritance. Note that beneficiaries under the age of 18 legally cannot consent to a deed of variation.
This is normally done to provide for someone not named in the will, such as a grandchild born after the will was made. If you are the administrator or executor, it is your duty to ensure deeds of variation are taken into account when distributing the estate.
Probate outside of the UK
If you are responsible of the administration of an estate belonging to a non-UK resident, you may require the assistance of a Notary Public for certain matters.
Our notary public, Raminder Singh Uberoi, can assist in matters pertaining to foreign wills. Please see our Notary Public webpage for more information.
How Starck Uberoi can help
Probate is a complicated and difficult process, further amplified by the grief of a loved one’s passing. Mistakes can have not only financial implications on the executor or administrator, but lead to disputes with family members which only make the grieving period all the more painful. Instructing a solicitor to assist with administrative duties can take the stress off of you and your loved ones so that you can be given space to grieve undisturbed.
At Starck Uberoi, our specialised team of experienced wills and probate solicitors can assist with a number of duties, from assisting with applications for grant of probate to performing full administration on behalf of the family. We are approachable, dedicated, and have a wide berth of experience which has given our team an even broader knowledge in their field. No matter what the details are, we are committed to ensuring your loved one’s final wishes are seen fulfilled.
Contact us at solicitor@starckuberoi.co.uk or on 020 8840 6640 for an appointment with one of our specialised wills and probate solicitors. Our offices are based in Brentford, Ealing, London Victoria and Canterbury, and are all easily accessible via public transport. Our partner, Raminder Singh Uberoi, can also provide a Notary Public Service at all of our offices.
