The role of an executor of a will becomes relevant following the death of a loved one. This is an already difficult and having to deal with the deceased’s estate can make it a confusing time.

What is an Executor of a will?

If you are an executor of a will you are the person appointed under a will to look after the affairs/estate of the deceased person and make sure their wishes, as set out in their will, are put into place. This usually involves taking out what is called a “Grant of Probate” which is the legal process to prove the will and give you the authority to the executor to carry out the wishes in the will.

The powers and duties of an Executor of a will

As an executor of a will, your powers and duties date from the death of the deceased person.

From the date of death the entire estate (being the property and assets the deceased person leaves behind) passes to the executor. There is a wide range of powers granted under general law, in addition to any powers given to you under the will.

It is important to note the obligations of an executor can extend over a lengthy period of time.

The following can be amongst the powers and duties of executors:

• Funeral arrangements
• Valuation and Protection of Assets
• Ascertain all liabilities
• Ascertain all beneficiaries
• Prepare Inland Revenue Affidavit (a detailed return to the Revenue Commissioners on the Estate)
• Extract the Grant of Probate and collect the assets
• Pay all expenses and debts of the estate and obtain any relevant tax clearances
• Prepare Estate Accounts

Many of these duties are delegated to the solicitor administering the Estate.

Do I have to act as the Executor of the will?

An executor may renounce the executorship but once the executor decides to take on the role they cannot renounce it at a later stage and a Court Order would be needed to remove the executor of the Will. If you are considering renouncing your appointment as executor you should take legal advices to ensure you understand the consequences and who is next entitled to deal with the affairs of the deceased person. This entitlement will be determined by the Will.

What is most urgent?

After the death of a loved one the immediate priority is funeral arrangements. The executor should consult the will to check if there is any funeral directions contained therein.

Once the funeral arrangements are looked after, the executor should protect the property and assets of the deceased person by ensuring that insurance coverage remains in place on, for example, houses and cars.

In due course the executor should take steps to establish what is to be dealt with and take advices as appropriate regarding what steps must be taken to administer the estate.

We are happy to guide executors on all matters in relation to the administration of the estate.

If you have any questions please feel free to contact us.