Expert Guidance for Will Executors
Whether you need to appoint a professional executor you can trust, or you have been named as an executor and feel overwhelmed, our SRA-regulated solicitors are here to help make the process clear and stress-free.
Which Best Describes You?
Whether you're appointing an executor or have been appointed as one, we have the expert guidance you need.
Understanding the Duties of an Executor
Acting as an Executor is a significant legal responsibility. You are personally liable for any mistakes made during the estate administration. The key duties include:
1. Value the Estate
Locating all assets and having them professionally valued for probate.
2. Apply for Probate
Preparing and submitting the complex legal application to the Probate Registry.
3. Settle All Liabilities
Paying any Inheritance Tax due to HMRC and settling all outstanding debts.
4. Distribute Assets
Distributing the estate to beneficiaries exactly as stated in the Will.
The Solution: Appointing a Solicitor as a Professional Executor
Whether you are appointing an executor for your own Will or need assistance carrying out your duties, our Professional Executor Service is the safest choice.
- Complete Impartiality: We act as a neutral third party, preventing family conflicts.
- Legal & Tax Expertise: We protect the estate from costly errors.
- Efficiency and Speed: We administer the estate far more quickly than a layperson.
- Total Security & Insurance: As a regulated and insured law firm, the estate is completely protected.
Real UK Case Study: Executor Personal Liability
Brudenell-Bruce v Moore [2014]
The Situation: The Earl of Cardigan was an executor for his ancestral estate. During a dispute, he took unreasonable actions, failed to maintain estate property, and sold assets against professional advice, causing significant financial loss to the estate.
The Outcome: The High Court removed him as an executor and, crucially, ordered him to personally repay over £120,000 in legal costs from his own money, not from the estate. The judge found he had acted "for his own personal gratification" and not in the beneficiaries' best interests.
What this means for you: This case is a stark warning. As an executor, you can be held personally financially liable for mistakes or unreasonable conduct. This is why professional guidance is so vital.
"His expertise guided me and lead me to a successful outcome"
Solicitor Fees for Executing a Will
Understanding will executor fees is crucial. At Wildlings, we believe in complete transparency. Our fees are paid from the estate funds, meaning there is nothing for you to pay upfront from your own money.
Our professional executor fees are typically calculated as a small percentage of the estate's gross value, which we will agree with you in writing in advance. This ensures our fee is fair and proportionate to the amount of work required. This approach is often more cost-effective than open-ended hourly rates, as it protects the estate from the cost of unforeseen delays. We will always provide a clear, written quotation for your approval before any work begins.
Get a Clear Quote TodayYour Executor Questions Answered
Appointing an Executor
If your named executor has passed away or is unable to act, it is vital to update your Will. You can appoint a new executor (such as a family member or a professional solicitor) by creating a new Will or by adding a formal update called a 'codicil'. We can advise on the best and most cost-effective approach for you.
Yes, you can appoint up to four executors. This can be beneficial as they can share the responsibilities. You can also appoint a solicitor to act alongside a family member, combining professional expertise with personal insight.
Acting as an Executor
Yes, this is very common. A person named as a beneficiary in the Will can also be appointed as an executor. However, they must always act impartially and in the best interests of all beneficiaries, not just themselves. This is a key reason why appointing a neutral solicitor can prevent family friction.
No one can be forced to be an executor. If they feel unable to take on the responsibility, they can formally "renounce" the role. The role then passes to any other named executors, or if there are none, an application must be made by the main beneficiaries to appoint an Administrator instead.
Book your initial consultation with our Wills & Probate Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
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info@wildings-solicitors.co.uk
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