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Q My friend has recently passed away and I have been informed that I am an executor under their Will. I was not aware that I was an executor, therefore, please confirm what this role entails and do I have to act?

A When a person makes a Will, they will specify a named person(s), professional or institution to carry out their instructions under their Will. As an executor you are effectively the representative of the deceased person and you will be responsible for tasks such as registering the death, arranging the funeral, applying for a grant of probate, preparing an inheritance tax return, and dealing with their assets, liabilities, pecuniary legacies, or specific legacies in accordance with the law, current tax rules and of course, locating beneficiaries and distributing the deceased’s estate in accordance with the terms of the Will.

You should be aware that you may not be the only person appointed as an executor under your friends Will as there can be up to four named executors. Therefore, you should have sight of the said Will to ensure whether you need to communicate with any other executors.

You do have the right to refuse this role as there can be risks associated with being an executor. However, to cease acting there are steps to follow to ensure that this is done accordingly. You can renounce your appointment as an executor by filling out the appropriate form and lodging this with the probate registry, you may reserve your right to apply for probate at a later stage should any other executors not be able to deal with the estate, or if you have an attorney they may act on your behalf.

As an executor you may be held personally liable for any mistakes, therefore, you should speak to a probate solicitor before agreeing to act to ensure that you fully understand the role that you are agreeing to take on.

If you are in a similar position or have any queries regarding probate, please contact our probate team here at Gomer Williams on 01554 755101.