Executors must collect and protect assets, settle liabilities, manage tax obligations, and ensure the estate is distributed correctly to beneficiaries. Throughout the process, they must comply with strict requirements.
Many people appoint a family member or friend to take on this complex and demanding role. However, even the most well-intentioned executors can encounter difficulties, and mistakes can delay distributions, reduce estate value, and increase the risk of disputes.
These responsibilities arise at what is already a difficult time for grieving family members. The pressure of deadlines, decision-making, and the expectations of beneficiaries can create considerable emotional strain, worsened by any disagreements.
Most estate administration problems do not arise from bad faith. They occur because executors are unfamiliar with the legal, tax, and procedural requirements involved.
What does being an executor actually involve?
An executor is legally responsible for administering the deceased person’s estate and ensuring assets pass to the correct beneficiaries. In practice, this typically includes:
- Identifying, securing, and valuing assets and liabilities like businesses and homes
- Preparing detailed estate accounts showing monies received, payments made, and how beneficiary entitlements are calculated
- Managing tax reporting and payments to HMRC, including completing complex inheritance tax (IHT) returns
- Investigating financial transactions made during the deceased’s lifetime, examining bank statements and financial records going back many years
- Protecting and maintaining estate assets during the administration period, including arranging insurance, overseeing maintenance, instructing contractors and responding to unexpected issues such as property damages.
Executors can also face personal liability if the estate is mishandled or losses arise through errors or omissions.
How a professional executor adds value
Appointing a professional executor brings neutrality, technical expertise and practical experience to the administration process.
Professional involvement is not simply administrative support. It can help protect the value of an estate, reduce delays, and minimise the risk of disputes.
A professional executor takes a coordinated approach to estate administration. They manage reporting obligations, identify available tax reliefs, trace assets, and coordinate specialist valuations. Where required, they draw upon established networks of surveyors, accountants, and other advisers to help ensure the estate is administered efficiently and accurately.
Managing Inheritance Tax obligations
IHT reporting is highly technical and deadline driven. Reliefs and exemptions must usually be actively identified and claimed, often within specific timescales. If these are overlooked, estates may pay more tax than necessary. Pensions will shortly be brought into IHT calculations, adding significant complexity as well as higher tax liabilities.
IHT is payable six months after the end of the month of death. Interest, currently charged at almost 8%, will apply after this point, and HMRC may impose penalties for inaccuracies or missed deadlines.
Valuation risks
Assets such as property, businesses, and investments can be difficult to value accurately. Errors can trigger HMRC queries and delay probate, generating additional professional costs.
Ongoing financial pressures
Unoccupied properties can incur significant ongoing expenses, including insurance, council tax, utilities, and maintenance. Unexpected issues, such as property damage, can quickly reduce the estate’s value if not addressed promptly.
Supporting families during a difficult time
Losing someone is hard enough without the added pressure of administering an estate.
When a professional executor is involved, the practical demands are handled by someone experienced. This allows families and beneficiaries to focus on personal matters rather than paperwork, deadlines, and difficult decisions.
It is never too late to seek advice
Where challenges arise, executors can find themselves under strain, particularly if delays occur or beneficiaries raise concerns. The role also carries personal accountability, which many executors understandably find stressful.
Seeking professional support will ease that burden.
If you are already acting as an executor, professional assistance can be introduced at any stage. Many executors seek guidance once they better understand the responsibilities involved.
How TWM can help
TWM Solicitors’ Private Client team advises on every aspect of estate administration. We can act as a professional executor or support lay executors, helping you manage responsibilities, protect estate value, and minimise the risk of disputes.
To discuss appointing an executor, or for support with estate administration, please contact our Private Client team for an initial, no-obligation consultation.
