Being named as an executor is a significant responsibility, carrying both practical duties and potential legal liabilities. Shaun Moore, Tax and Trust Specialist at Quilter, outlines what the role involves and why it is important to understand the commitment before accepting the appointment.
Being named as an executor is a mark of trust. It reflects the testator’s confidence that the person appointed will administer their affairs and carry out their wishes after death.
Before agreeing to act, however, a prospective executor should understand the work involved and the potential consequences of getting it wrong.
A person named as an executor does not have to take up the role. Before becoming involved in the estate administration, they may formally step aside by renouncing the appointment.
If there is more than one executor, they may instead have power reserved while the others proceed. Once an executor has started dealing with estate assets or institutions, stepping back can be much more difficult.
What an executor must do
The main duties include:
- Registering the death and locating the will.
- Securing the estate’s assets.
- Identifying and valuing the estate, including outstanding debts.
- Calculating and paying any inheritance tax due.
- Applying for probate.
- Collecting the estate’s assets.
- Settling debts and liabilities, including placing section 27 notices* where appropriate.
- Managing the estate during the administration period.
- Preparing estate accounts.
- Distributing the estate.
- Maintaining clear records.
Additional responsibilities from April 2027
From 6 April 2027, the role will expand further when most unused pension funds and pension death benefits become part of a deceased person’s estate for inheritance tax purposes.
Executors will have additional reporting and payment responsibilities, including liaising with pension scheme administrators and ensuring that pension benefits are reflected correctly in the wider estate administration. Where the deceased held several pension arrangements, this could add considerable work.
Legal responsibility and personal liability
Even where an estate appears straightforward, an executor should not underestimate the legal responsibility involved. Executors act in a fiduciary capacity and are expected to exercise reasonable care and skill.
Distributing assets before all debts have been identified, failing to pay tax, overlooking a beneficiary or making an incorrect calculation may leave an executor personally liable for a financial shortfall.
Delays or perceived errors can also lead to disputes among beneficiaries.
Professional support is available, and many executors administer estates successfully with help from solicitors, probate practitioners, accountants and financial advisers.
Where specialist expertise is needed, the cost of appropriate advice can often be paid from the estate.
Planning ahead
Executorship should be discussed as part of regular client reviews, particularly when considering whether a will remains appropriate.
Choosing an executor is not simply an administrative decision: the person appointed should have the time, capability and willingness to carry out the role.
Equally, anyone asked to act should understand the responsibilities before accepting.
Good communication matters
A common weakness in estate planning is the lack of communication between the testator, the appointed executor and the beneficiaries.
The appointment may be mentioned only briefly – or made without the executor’s knowledge—followed by years of silence. A clear conversation while the testator is alive can help the executor understand the appointment, locate key information and decide whether they are willing to act.
Making an informed decision
Acting as an executor can be a meaningful way to honour someone’s wishes, but it is also a position of significant responsibility. The right approach is neither to accept automatically nor to decline without consideration.
A prospective executor should understand the duties, assess whether they can carry them out and seek appropriate professional help where needed. Planners should consider prompting discussions as part of regular client reviews, particularly when considering whether a will remains appropriate.
*Section 27 of the Trustee Act 1925 provides a valuable protection for executors. When notices are placed correctly, they can protect executors from personal liability for claims by creditors of whom they were unaware at the time.
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