While being named as executor in someone’s will can feel like an honour, it can also be overwhelming and stressful. The first question that many people in this situation have is, ‘What power does an executor of a will have UK?’ The short answer is that executors hold significant legal authority, but that authority comes with clear boundaries and extensive obligations, and non-adherence can lead to personal liability.
To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
Who Can Be An Executor?
A testator, which is the legal term for the person making a will, can appoint as many executors as they like, but only four can apply for a Grant of Probate at once. There is no requirement that an executor be legally qualified, though the process can be demanding, so many executors choose to work with a specialist solicitor to make sure the administration is handled properly.
At Bartlett’s, we can act alongside a named executor or manage the full process on your behalf, whichever suits you best.
When Does An Executor’s Authority Take Effect?
An executor’s authority derives directly from the will itself, which means it technically comes into force at the moment of the testator’s death. In practice, however, most banks, financial institutions, and property registries will not release assets or act on an executor’s instructions until a Grant of Probate has been obtained. This is the document issued by the Probate Registry that formally confirms the executor’s right to deal with the estate.
This is one key area where executors differ from administrators. Where someone dies without a valid will, the person appointed to administer the estate has no authority whatsoever until the court issues a Grant of Letters of Administration. There is no equivalent starting authority drawn from the will itself, since there is no will. As a result, the administrator of an intestate estate can face early delays that an executor does not encounter.
What Are The Core Powers Of An Executor Of A Will UK?
Once probate is granted, the executor has broad legal powers to deal with every aspect of the estate. These include:
- Securing property, valuables, and important documents immediately after death
- Registering the death and obtaining death certificates
- Notifying relevant organisations, including banks, HMRC, the DWP, pension providers, and any other institutions holding assets or paying benefits
- Valuing the entire estate, including property, investments, savings, personal possessions, and any money owed to the deceased
- Completing and submitting Inheritance Tax returns to HMRC, and paying any Inheritance Tax due
- Managing any estate property, including arranging insurance, collecting rent, or making decisions about sale
- Paying all outstanding debts and liabilities from the estate before any distributions are made
- Preparing full estate accounts
- Distributing assets to beneficiaries in accordance with the terms of the will
The law imposes crucial fiduciary duties on executors. They must act with reasonable care, impartially, and always in the best interests of the estate and its beneficiaries rather than themselves.
What An Executor Cannot Do
The powers of an executor are wide, but they are not unfettered. An executor has no authority to alter the terms of the will, add or remove beneficiaries, or redirect assets to anyone not named by the testator. If an executor fails to distribute what a beneficiary is entitled to, they can face personal liability for the beneficiary’s losses.
Where more than one executor is appointed, they must make any decisions jointly. This means that one executor cannot act unilaterally without the agreement of the others. Executors who act improperly, whether deliberately or through carelessness, can be removed by the court. In serious cases, they may face claims for breach of fiduciary duty.
An executor also cannot use estate funds for their own benefit, unless the will specifically permits this. Claiming reasonable out-of-pocket expenses is permitted, but payment for time spent is only allowed if the will contains an express charging clause. If you are unsure what you are and are not entitled to do as an executor, speak to us. We can advise you before you take any action and ensure that you act within the confines of your authority.
Can An Executor Also Inherit?
Yes, an executor can be a beneficiary of the estate they are administering. A surviving spouse is frequently both executor and sole beneficiary, and there is no legal barrier to holding both roles.
How We Can Help
The wills, trusts, and probate solicitors at Bartletts have been supporting clients across Liverpool, Chester, and Wrexham for over 160 years. Whether you are a first-time executor who is not sure where to start, or a beneficiary with questions about an ongoing estate administration, we are on hand to give you clear, honest advice.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
