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The Executor's Role
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If you have agreed to become an executor or
are considering becoming one, it is important to understand
exactly what is involved.
An executor sorts out the administrative details
of a Will as detailed below.
Executors have usually been specifically named
to act in a Will.
If a person has not been named but wants
to become an executor they can apply for an administrative grant to
the Probate Registry.
An executor's role is for
life because new additions or claims to the estate can arise in
the future. An executor can of course decline to act but this would have to be
confirmed to the Probate Registry in writing.
There can be a maximum of four executors named
in any one Will but the standard is usually two.
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Administration
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An executor has to carry out certain tasks in
order to legally fulfill the obligations of the task. An executor
should therefore:
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Notify family, friends and work
place colleagues of the death. This can include placing details
in the local/national paper along with funeral details so that
people can attend if they wish.
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Obtain a copy of the medical certificate
indicating the cause of death and a formal notice from
the doctor.
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Register the death at the local Registry
of Births, Deaths and Marriages. The death must be registered
in order to obtain the death certificate.
It is worth getting
more than one copy of the death certificate as it will be needed
when dealing with insurance companies, pensions, etc.
The registrar
will also issue a disposal certificate to allow you to
dispose of the body in the chosen way.
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Make sure they have the last original Will of the deceased.
The Testator should have already informed the executors where
the Will is kept.
Make copies for beneficiaries, banks, inland
revenue etc, then put the Will away. It is important that the
original Will is not tampered with in anyway (including the addition
of staples etc).
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Pay any inheritance tax if necessary. See inheritance
tax for more information.
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Contact the local Probate Registry to either obtain your
grant of probate (if there is a Will and you are named as
executor) or your grant of administration (if there is no
Will but you seek to become the executor). See Probate
for more information.
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Draw up simple accounts providing details of how
the estate has been divided. An income tax form will
also need to be completed for the deceased.
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It is advisable to open a separate account into which money paid
into the estate can be credited. This will prevent estate money
becoming confused with personal finances.
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Deal with the funeral arrangements or assist whoever is
dealing with them to ensure that the wishes of the deceased are
carried out as far as possible.
It is not always possible to
follow the wishes of the deceased if conflicts arise. For
example if the deceased requested their body should be available
for transplant or for medical science, the executor would still
need the permission of the next of kin before this could go ahead.
The next of kin have the legal right to deny consent.
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Notify all businesses of the death, e.g. all the
utiliites, credit card companies, banks, building societies,
council tax office, social security and tax office. It is also
worth giving the post office a change of address form so that any
post will be redirected straight to you.
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Gather all documents relevant to the Will and compile a
list of assets, debts and liabilities. Debts and liabilities
should be paid off, and funeral expenses should be taken from the
amount. The remainder can then be distributed accordingly.
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Distribute the contents of the Will making sure that if
anything is left to children under the age of 18, a trustee has
been named. This will include the distribution of pecuniary,
specific gifts and legacies where
applicable and the distribution of the residue. See legal
terms for more information.
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