With the current worry over the ongoing coronavirus pandemic, many people have turned their focus to updating or making a Will.

However, it is reported that this rush to get a Will in place has led many people to name executors in their Will without first consulting them.

What and who is an executor?

An executor is a trusted person who will be responsible for administering your estate when you die. Put simply, this role involves carrying out your wishes set out in your Will and distributing your assets accordingly.

An executor can be a close family member or friend. Many people will also choose to name a professional executor in their Will so they can be safe in the knowledge that all the probate legalities and processes will be followed correctly and that any disputes between family members are avoided. The cost for a professional executor comes out of the estate so family members do not need to be concerned about having to come up with the money themselves.

Why might someone refuse to act?

Being an executor comes with a great deal of responsibility and potential personal liability, so it is essential that the person understands what is involved and agrees to be named to take on this important role when you are no longer here.

It is therefore not surprising that some people, who later find out that they have been named as an executor but were not asked about this, may not want to take on this additional responsibility and potential liability.

One survey in July of 2,000 people showed that 29% were not aware of what executors were meant to do. 26% of those who had been an executor before reported that they had found the role stressful, with 21% having to take time off work to carry out the role, and 16% said they had been upset by the experience.

What happens if a person refuses to be your executor?

In addition to creating a potentially awkward situation between you and that person, you may have to go through the process of changing your Will and having a new Will prepared and executed at additional cost.

Where someone finds out they have been named as an executor only after the testator has died, they can renounce their role but only if this is done immediately. This may cause difficulties for the remaining executor(s).

We would always advise that you consult with those people you wish to be your executor before you make your Will. If you have made a Will already, you should talk with your named executors if you have not done so already. Take time to explain the duties involved and ask them if they are happy to take on this role. It is also wise to consider whether the executors you choose can all work together to avoid disputes and additional costs in the future.

Specialist Wills and Probate service at Gorman Legal for clients across Devon and beyond.  

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