Summer 2023

LEGAL ADVICE
Ask our Friendly
Experts
I have been notified that I am an executor
under the will of a relative or friend who has
recently passed away. What do I do?
An executor is a
person named
in the will of the
deceased who is
responsible for
carrying out the deceased’s
instructions, administering the
estate properly and ultimately
ensuring that the estate is
divided in accordance with
the will’s provisions. Being
an executor is an onerous
task in light of the duties and
responsibilities afforded to
you, and the deceased would
likely have appointed you on
the basis that they felt that
they trusted you and that you
would be willing to take on the
responsibility of the role.
As an executor, you have
a number of responsibilities,
which include, but are not
limited, to:
• Notifying government
organisations of the death,
either by contacting the
organisations (e.g. DWP,
HMRC, the local council)
individually, or by ‘mass’
notification using the Tell
Us Once service, details of
which will be provided by
the registrar to whomever
registers the death
• Attending to the funeral
arrangements (although in
certain circumstances it may
be more appropriate for a
close family member or friend
to see to the arrangements
depending on your
connection to the deceased);
the deceased may have
indicated any funeral wishes
“If you are appointed to act as an executor
of an estate, then you may wish to
undertake the administration yourself and
choose not to instruct professionals to act
on your behalf”
in their will, so it would be
wise to check this
• Ensuring any property owned
by the deceased is secured
and appropriate insurance
cover is in place as soon as
possible after the death
• Ascertaining all assets and
liabilities in the deceased’s
name and obtaining
appropriate valuations
• Reporting to HMRC, if
required, in respect of
inheritance tax and ensuring
that any tax due is settled
• Applying for a Grant of
Probate, to give you the
legal authority to collect in
assets and settle liabilities – a
Grant of Probate may not be
needed in all circumstances,
but you should check with
the individual asset holders
if they require a grant before
they can close the accounts
• Collecting in the assets
and settling the liabilities,
together with ensuring that
the deceased’s personal
tax affairs are finalised to
the date of their death, and
for the period of the estate
administration if income has
been generated during this
time
• Distributing the estate in
accordance with the terms of
the deceased’s will.
If you are appointed to act as
an executor of an estate, then
you may wish to undertake
the administration yourself
and choose not to instruct
professionals to act on your
behalf. While this is an option
available to you, we would
advise that you consider
carefully before deciding to
conduct the administration of
the estate yourself, particularly
if there is a complex will or
a complex estate, ongoing
trusts or where entitlements
under a will are in dispute. We
understand that suffering a
bereavement is a distressing
time for everyone involved and
the penalties involved in the
administration of an estate
should you quite innocently
fail to perform your duties are
extreme and accountable to you
personally.
We would therefore urge you
to give serious consideration
to using an independent
professional, like ourselves, to
assist you. If you require any
advice or assistance in this
regard, please do not hesitate to
contact us.
AMY TURNER-IVES
01892 502 396
01580 712 215
info@bussmurton.co.uk –
quote Cake Magazin
Clermont House, High Street,
Cranbrook, TN17 3DN
01580 712 215 or info@
bussmurton.co.uk
www.bussmurton.co.uk
The Cake • Summer 2023 39