Things I Wish I Had Known Before Agreeing to Be an Executor

Being asked to be an executor of a Will is often seen as an honour. It means someone trusts you enough to handle their affairs when they pass away. However, many people underestimate the complexity of the role, only realising the full extent of their responsibilities once they’re knee-deep in paperwork, legal processes, and emotional family dynamics.

At Toucan Law, we work with executors every day, helping them navigate what can be an overwhelming process. If you’re considering taking on the role—or have already agreed to it—here are some things you should know before you commit.

1. The Role of Executor is More Time-Consuming Than You Think

Many people assume that being an executor simply means distributing assets according to the Will. In reality, it involves:

• Gathering and valuing all assets, including property, bank accounts, and personal possessions.

• Dealing with creditors and paying outstanding debts.

• Calculating and paying Inheritance Tax (IHT), if applicable.

• Completing probate applications and legal paperwork.

• Managing disputes or claims against the estate.

  
  

What You Can Do:

✅ Ensure you have the time and willingness to take on the role before agreeing.

✅ Consider seeking professional help from a probate specialist to ease the burden.

2. You Are Personally Liable for Mistakes

Executors have a legal duty to administer the estate correctly. If mistakes are made—such as distributing assets before settling debts, miscalculating tax, or failing to identify all beneficiaries—you could be held personally liable.

What You Can Do:

✅ Keep detailed records of all estate transactions.

✅ Seek professional advice if you’re unsure about tax calculations or legal requirements.

✅ Don’t distribute funds too early—ensure all debts and taxes are settled first.

3. Family Disputes Can Make Things Difficult

Money and inheritance can bring out the worst in people. Executors often find themselves caught in the middle of family disputes over the estate, especially if the Will is unclear or certain relatives feel they’ve been treated unfairly.

What You Can Do:

✅ Follow the Will to the letter to avoid accusations of favouritism.

✅ Keep transparent communication with beneficiaries to manage expectations.

✅ Seek mediation or legal advice if tensions escalate.

4. Probate Can Take Months (or Even Years!)

If you think you’ll be wrapping up the estate within a few weeks, think again. Even straightforward estates can take six months to a year to administer. If there are foreign assets, missing beneficiaries, or disputes, the process can take even longer.

What You Can Do:

✅ Be patient—don’t rush the process to satisfy impatient beneficiaries.

✅ Understand that some financial institutions move at their own pace, and delays are common.

✅ Work with a probate expert to ensure everything is done as efficiently as possible.

5. Some Estates May Require Probate, Some Won’t

Not all estates require probate. If most assets were jointly owned (such as a house in joint tenancy), they may pass automatically to the surviving owner. However, if the deceased held property or accounts solely in their name, probate is usually required before funds can be accessed.

What You Can Do:

✅ Check with banks and financial institutions to see if they require Grant of Probate.

✅ If probate is needed, prepare for court fees and paperwork.

✅ Get professional guidance to determine whether probate is necessary.

6. It’s Okay to Say No

Many people feel obligated to take on the role of executor when asked, but it’s important to recognise that you can decline the responsibility. If you have already started handling the estate, however, you may not be able to renounce the role (this is called intermeddling).

What You Can Do:

✅ Think carefully before agreeing—don’t feel pressured into accepting.

✅ If you want to step down after agreeing, speak to a probate professional before taking any action on the estate.

How Toucan Law Can Help

At Toucan Law, we know that being an executor can be stressful and time-consuming. That’s why we offer expert probate and estate administration services to help executors at every stage. Whether you need full estate management or just guidance along the way, we’re here to support you.

✅ Full Probate Assistance – Let us handle the paperwork, tax calculations, and legal processes.

✅ Legal Protection – Avoid personal liability with professional guidance.

✅ Stress-Free Support – We take the burden off your shoulders so you can focus on what matters most.

Take the Stress Out of Estate Administration

If you’re an executor struggling with the process, or if you’ve been asked to take on the role and aren’t sure what to do, Toucan Law is here to help. Contact us today to discuss your options.

📞 Call us: 01934 271027📧 Email us: [email protected]🌍 Visit us: www.toucanlaw.co.uk

Don’t navigate probate alone—let Toucan Law help you through the process with expert advice and compassionate support.