Executing a will
Are you administrator or executor of a will? It’s not easy dealing with your grief over a loved one, making funeral arrangements and starting the administrative duties of an executor all at the same time. Sussex Law solicitors can help.
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How to execute a will
If you are the executor of someone’s will or if you have been named administrator, your task is to act according to the will of the deceased person. You may need a Grant of Probate or a Grant of Letters of Administration, which gives you the authority to administer the estate of the deceased person.
Why should I consider legal representation as an executor?
There are different reasons for working with an expert lawyer when faced with the task of executing a loved one’s wishes:
- Time saving: working with an expert solicitor will save you time.
- Efficient: A professional lawyer with experience in probate matters will complete complex tasks easily and efficiently and will keep the administrative work and time spent on it to a minimum.
- Independent Party: Unfortunately, sharing out an estate can often lead to disputes within the family. This is usually the last thing the deceased person wanted. A solicitor is an independent party with a neutral view. If the estate is contested, the solicitor remains a neutral party and once litigation is complete, the solicitor will then proceed to distribute the estate as per the wishes of the deceased.
- Responsibility: As an executor or administrator, you can be held personally liable for any mistakes made. The assistance of our specialist Lawyers will help you avoid making mistakes.
I am the executor of an estate – what can a solicitor assist me with?
Depending on the will, the estate and the beneficiaries, carrying out your duties as an executor or administrator can be complicated and time-consuming. A professional will and probate solicitor can assist you with tasks such as:
- Applying for a grant of probate or letters of administration
- Collecting in assets and discharging liabilities
- Communicating with the beneficiaries and distributing the estate in accordance with the will.
- If there is no will, distributing the estate according to the rules of intestacy.
- Considering and settling the tax liabilities of the estate (inheritance tax, income tax and capital gains tax)
Is probate always needed for executing a will?
It is not always necessary to obtain a Grant of Probate it depend on the value of the assets
The will seems inconclusive in some parts – what should I do?
If the will is ambiguous it may be declared invalid and the estate will be shared in accordance with the rules of intestacy. If you have concerns regarding the Will under which you are appointed as executor we advise you to seek legal advice from our specialist team.
How do I pay for legal assistance for executing a will?
Any expenses incurred by you in your position as executor or administrator can be reimbursed from the estate. For example, you may be reimbursed for your travel expenses and postage costs. However, as a lay executor or administrator you are not entitled to charge for your time in dealing with the estate. If you instruct a probate solicitor to assist with the administration of the estate, the professional fees incurred are payable from the estate. With legal assistance you can keep your work and time spent to a minimum and the estate can usually be shared out more quickly when working with an expert.
Help with executing a will
Many executors and administrators (also known as personal representatives) choose to work with a solicitor who assists them with executing the will of the deceased person. Sussex Law have specialist who can assist you with your duties as the personal representative of your loved one’s estate. Call us now on 01273 561312 and ask for Linda or Sally