Many people understand that an executor is a person named in a will legally responsible for managing and distributing a deceased person’s estate (assets, property, and finances) according to their wishes. There are, however, some key questions that our dedicated contentious probate team are frequently asked. Here, Sarah Thomsen, Partner and Head of Contentious Probate, runs through these questions and provides her responses.

Should an Executor be involved in a claim against an Estate?

No, an Executor should remain neutral.

Why should an Executor not be involved in a claim against an Estate?

Executors who do not remain neutral may face costs orders against them.

We can help Executors to ensure they act appropriately and do not leave themselves open to a risk of a costs order against them.

Should an Executor give a copy of a Will to a beneficiary?

An Executor does not have to provide a copy of a Will to anyone but after the Grant of Probate has been issued the Will becomes a public document and anyone can see it.  However, there are some situations where it may be appropriate for an Executor to disclose the Will usually so that a claim can be dealt with. We can offer specialist advice about this.

Can an Executor also be a beneficiary?

Yes, this happens often. However, the decision-making process is different.

Executors have various duties to comply with and must act in the best interests of the Estate to ensure the Will is administered.

Beneficiaries can act in their own interest.  It can sometimes become difficult if a dispute arises if a person is appointed as Executor who is also a beneficiary, but we can assist you through this process. 

Are Executor’s legal fees covered by the Estate?

Yes, an Executor is entitled to have their legal fees paid from the Estate.

If you would like further help and advice on wills, disputed wills or on any other personal legal matters, please don’t hesitate to contact our team by calling (01482) 325242 or emailing sarah.thomsen@andrewjackson.co.uk