When a loved one passes away, managing their estate can be overwhelming.
That’s where an executor of a will steps in. But what power does an executor of a will have UK?
From managing financial affairs to distributing assets, the executor plays a crucial role.
In this blog, we’ll explain the key powers, responsibilities, and limits of an executor in the UK legal system.
What Is an Executor of a Will?
An executor of a will is a person legally appointed by the deceased to carry out the wishes stated in their will.
Executors may be family members, close friends, or professionals like solicitors.
To dive deeper into the definition and selection of executors, read our blog on What is an Executor of a Will
Understanding the Powers of an Executor in the UK
Once a person has passed away and the grant of probate is obtained, the executor’s powers become legally effective.
These powers include:
1. Gathering and Securing Assets
Executors are responsible for locating and collecting the deceased’s assets. This can include:
- Bank accounts
- Property
- Personal belongings
- Investments
- Digital assets
They also have the power to ensure these assets are safeguarded, for example by changing locks or freezing bank accounts.
2. Paying Off Debts and Taxes
Before distributing the estate, the executor must settle any outstanding debts or liabilities. This includes:
- Credit card bills
- Loans
- Utility bills
- Inheritance Tax (IHT)
Failing to pay debts or taxes before distribution can lead to personal liability for the executor.
3. Applying for Probate
In most cases, executors must apply for probate to obtain legal authority to manage the estate.
Without probate, they may not be able to access bank accounts or sell property.
What Does an Executor of a Will Do Day-to-Day?
The executor of a will takes on numerous day-to-day responsibilities such as:
- Contacting beneficiaries
- Valuing the estate
- Keeping records of all transactions
- Liaising with HMRC
- Distributing assets
To understand the full scope, see the detailed article on the role of an executor of a will.
Can the Executor Also Be a Beneficiary?
Yes, it’s common for executors to also be beneficiaries.
In fact, many people name a trusted family member as both.
There’s no legal conflict, provided the executor:
- Acts in accordance with the will
- Discloses all actions transparently
- Does not act for personal gain
Explore the dedicated article: Can an Executor of a Will Be a Beneficiary
Limits to an Executor’s Powers
While the executor has significant authority, there are clear limitations:
- Cannot change the will: Executors must follow the will precisely.
- Cannot delay indefinitely: Delaying probate or distribution without reason can lead to legal action.
- Must act in good faith: Misusing estate funds or prioritizing personal interests can lead to liability.
Legal and Financial Risks for Executors
Executors who breach their duties may face:
- Legal claims from beneficiaries
- Fines or interest from HMRC
- Personal liability for financial losses
To avoid mistakes, it’s advisable to seek professional help, especially in complex estates.
Getting Help with Executor Duties
Acting as an executor can be emotionally and administratively draining. Our team at Probate Central offers full support for executors and families. From probate applications to estate distribution, we simplify the entire process.
Need professional assistance or legal advice? Contact Us or Call Us for expert help.
What Power Does an Executor Have?
Power/Responsibility | Description |
Gather and secure assets | Locate property, money, and possessions |
Apply for probate | Obtain legal authority to manage the estate |
Pay debts and taxes | Settle liabilities and report to HMRC |
Distribute assets | Allocate inheritance according to the will |
Keep records and report actions | Maintain transparency with beneficiaries and HMRC |
Summary
The executor of a will holds immense responsibility and power in ensuring that a loved one’s wishes are fulfilled lawfully and respectfully.
While they don’t have the freedom to decide “who gets what” arbitrarily, they do hold authority to manage and protect the estate.
If you’re navigating probate, Probate Central is here to support you every step of the way.
Whether you’re an executor, beneficiary, or loved one, our resources and services simplify a complex process.
Ready to begin?
Call Us today or contact us to speak to an expert.