In England and Wales an Executor, a Personal Representative or an Administrator can be held personally financially liable for any loss resulting from a breach of duty, even if a mistake is made in good faith.
For free initial advice without the legal jargon call our Probate Specialists on 0330 606 9584 or contact us online and we will help you.
What's the Difference between an Executor, a Personal Representative and an Administrator?
If a valid Will is in place a Personal Representative is known as an Executor. If there is no Will then the Personal Representative is known as an Administrator.
A Personal Representative is the person responsible for dealing with the deceased’s assets. These assets, including property and financial investments are collectively known as the Estate. The Personal Representative has the legal authority and responsibility to administer the estate and may ultimately be held accountable for any mistakes made.
Have You Been Named as Executor?
If you have been asked to be an Executor, you will be named as such in the deceased’s Will. Where there is no Will, the position of Administrator is determined in accordance with a strict legal order of priority, commonly referred to as the Rules of Intestacy. The Rules of Intestacy also set out how the estate will be distributed.
For free initial advice and guidance call our Co-operative Legal Services on 0330 606 9584 or contact us online and we’ll call you.
Executor Duties & Responsibilities Explained
Being named as Executor in a Will can bring with it complicated, difficult and time-consuming duties which often take up to a year to complete.
It is crucial to get everything right because the Executor is legally responsible for administering the estate in accordance with both the terms of the Will, and the law. An Executor is responsible for everything they do or fail to do, in respect of the estate.
Acting as the Executor of a Will can be a very daunting prospect becauae the role carries with it a considerable amount legal, tax and administrative responsibilities. An Executor's responsibilities last for the duration of the administration of the estate and can also carry on into any ongoing Trust.
Executor Duties include
- Going to Court and applying for the Grant of Representation, which is the confirmation of legal authority to administer the estate. If this is done by the named Executor in the Will, this is called the Grant of Probate; if there is no valid Will, this is called Letters of Administration.
- Identifying and dealing with any valid claims against the estate.
- Completing and submitting the Inheritance Tax (IHT) return and paying any Inheritance Tax owed.
- Completing the relevant Income Tax and Capital Gains Tax returns and paying any outstanding tax owed.
Estate Administration Responsibilities
- Notifying and corresponding with all relevant organisations in order to cash or transfer the deceased’s assets and pay the debts and liabilities of the estate.
- Searching for unclaimed or missing assets.
- Preparing and distributing estate accounts to relevant parties.
- Correctly distributing the residue of the estate to the beneficiaries.
If you find yourself in this situation and you are feeling overwhelmed, please don't worry because we can take on the role of Executor for you.
At Co-operative Legal Services we deal with over £500 million a year in estates. Our fully trained Probate Specialists, who work alongside our Probate Solicitors, offer free initial advice and guidance on Executor duties and responsibilities.
Personal Representative Responsibilities Explained
A Personal Representative can be held personally financially liable for any loss resulting from a breach of their duty, even if the mistake was made in good faith; such as
- Failure to pay the debts and liabilities of the deceased.
- Failure to pay all Inheritance Tax, Income Tax & Capital Gains Tax due.
- Failure to distribute funds to an individual who is successful in their claim against the estate.
- Failure to identify, and correctly distribute funds to the beneficiaries; including those initially not known about.
Disappointed family members or dependants have up to 6 months to make a claim after the Grant of Representation has been issued while the deceased’s creditors can potentially make a claim against the Personal Representative for up to 12 years after the death.
Co-operative Legal Services can take on all or part of the work involved. We offer two Probate services to suit your needs and your circumstances:
We will be happy to explain each of our Probate & Estate Administration services to you, and which service is best for your situation.
For free initial advice without legal jargon call our Probate Specialists on 0330 606 9584 or contact us online and we’ll call you.
Co-operative Legal Services is Authorised and Regulated by the Solicitors Regulation Authority.