Executors' Powers and Duties

Being an executor can be a thankless and fruitless job.

In some cases an executor can get it in the neck from all sides as he struggles to carry out his role to the best of his ability. And executors who are not paid professionals like solicitors are unable to charge for their services, but are entitled only to out-of-pocket expenses.

The job of the executor can be particularly difficult where -

• The estate is large.
• The estate includes complicated and difficult assets, for example business interests or shares in unquoted companies or farms.
• Where there are tensions and disputes between family members and beneficiaries.

We have wide experience in advising individual executors on all issues affecting them personally as executors, including -

• The question whether they should act as executors at all.
• The steps to take in the administration of the estate.
• The steps to take to deal with beneficiaries or disappointed beneficiaries.
• The steps to take to deal with particular assets in the estate.
• What action should be taken if disputes arise and challenges are made by beneficiaries.

We regularly advise individual executors where the administration is being dealt with by another firm of solicitors. In some circumstances, executors need to have the protection of obtaining independent legal advice on their powers and duties or on particular issues arising from the administration of the estate, for example -

• how to deal with particular assets in the estate
• handling relations with beneficiaries and co-executors
• assessing the costs charged by solicitors or other professional advisers

Where disputes arise, we call on the assistance of our colleagues in the firm’s Dispute Resolution Unit, including in particular Paul Sutton who is a member of the Association of Contentious Probate Practitioners.