What Does an Executor of a Will Do​?

Quick answer

The executor of their will deals with a deceased person’s estate, ensuring their instructions are upheld and the assets are properly distributed.

Read on to learn more about what an executor of a will does, including their key responsibilities and other things they can be charged with.

If you’re looking to dispute your loved one’s will, it’s crucial to do so before the executor distributes the estate. Whether you’re fighting for a larger share of your inheritance or concerned the will’s invalid, make sure to speak to an expert will disputes lawyer as soon as possible.

In depth answer

What is an executor of a will​?

After a person passes away, the executor of their will is charged with administering the deceased person’s estate and carrying out all directions in the will. You might also hear them referred to as the ‘will and testament executor’.

Before starting this process, they must be granted legal authority by the court through either a grant of probate or letters of administration.

What must an executor of a will do​?

After the executor is granted legal authority by a court to administer the will, they have three main duties:

  • Gather the deceased’s assets.
  • Use these assets to pay off any debts.
  • Distribute the remaining assets to the beneficiaries.

The executor can also be charged with several other key duties, including:

  • Obtaining the death certificate.
  • Applying for a grant of probate, i.e. permission from the court to deal with the deceased estate.
  • Dealing with assets or investments left to beneficiaries under 18.
  • Representing the estate in the event of a family provision claim by another party.
  • Closing bank accounts.
  • Managing the sale of property.

How to dispute a will

After your loved one passes away, you may wish to dispute the will in one of two ways, depending on the situation:

  • Make a family provision claim: this is when you believe you’re entitled to a larger share of the estate or that what you’ve been given doesn’t meet your needs.
  • Challenge the will’s validity: this involves disputing the will because it was made incorrectly or unlawfully.

Regardless of how you dispute the will, it’s crucial to start the process before the executor distributes the assets. Once that’s done, it’s much harder to start a dispute.

To give your will dispute the best chance of success, it’s important to get expert legal advice before starting your claim. Our experienced lawyers will support you through each step, helping you secure your rightful inheritance as quickly as possible.

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