UK Probate - What Is The Role Of The Executor?

In the UK we have a system for distributing a deceased person's estate when they have left a valid Will. This system involves the use of an 'executor' of the estate; this person (the executor) becomes responsible for realising and distributing all the assets belonging to the deceased. The Will may often nominate a specific executor i.e. "I nominate Mr Paul Jones to be the executor of my estate" this is referred to as an express nomination. If not, the Will may imply someone to do the role i.e. "I would like Mr Paul Jones to sell my house and distribute the money accordingly".

The executor appointed for this duty can accept their responsibility by either applying for a grant of probate or 'intermeddling' in the estate. 'Intermeddling' is where the executor takes actions such as paying off a debt owed by the estate or realising an asset. Actions which are classed a humanitarian, such as making the funeral arrangments, will not class as intermeddling.

An executor is not forced to accept this responsibility and is able to renounce their duties as long as they have not applied for probate or intermeddled in the estate.

What are the main duties of an executor?

The executor of an estate has 3 main things which they must do:

- To collect in (and realise where necessary) the assets belonging to the deceased;

- From this collection, pay any outstanding debts owed by the estate; and

- To distribute any legacies or assets to the beneficiaries under the will.

The usual common law fiduciary duties apply to an executor of an estate. For example, the executor should act with reasonable care and exercise reasonable skill as appropriate to the situation.

There are, however, instances where an executor can become personally liable for monies belonging to, or owed by the estate. For examples, if the executor makes a financial loss on an asset belonging to the estate due to failure to act at the correct time, then they may become personally liable to the beneficiaries for this loss. This risk of executives incurring personal liability is not unusual, particularly in cases where there is money owed by the estate to 3rd parties and inheritance tax liabilities. For this reason, amongst others, if the estate is particularly large or complex an executor will often seek legal advice when completing their duties.

Things which are outside of the deceased's estate do not come under the umbrella of assets which the executor has to deal with. Examples of these include:

- The law of survivorship will apply to any property that was owned jointly;

- Property which was owned in the capacity of a life tenant with then pass to the remainder man;

- Property owned internationally;

- Policies written into trust;

- Lump sums payable under occupational or personal pension schemes;

- Death in service schemes; and

- Conditional gifts made.

How long can an executor take to do the job?

There is no set time period for an executor to deal with an estate. However, UK inheritance tax must be paid within 6 months from the end of the month in which the testator died. The tax must also be paid before a grant of probate is issued.

The estate cannot be dealt with until all claims owed against it are paid, 3rd parties have up to 6 months from the date of the grant of probate in order to claim any monies owed to them.

There are numerous reasons to why the administration of an estate can take longer than expected. It is normally the case that the distribution is finished within a year - this is however by no means a fixed rule.

As you can see, being an executor double and thus have some very real risks. For this reason, unless you're absolutely confident in your abilities to act as an executor unaided, you should consider either appointing, or at least, taking the advice of, a specialist UK Probate Solicitor.


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Tim Bishop is senior partner at Bonallack & Bishop, a firm of solicitors who deal with UK Probate. If you need some help and advice then access their Online Probate service today. Tim is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 13 years and has plans for its continued development.