Executing a Will Legal Advice

Are you the executor of a will? This can be tough if you’re already dealing with the grief of losing a loved one. If you need help with the administrative side of executing a will, the friendly, professional solicitors at Spencer Churchill are here.

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How to execute a will

If you are the executor or administrator of someone’s will, you need to begin by applying for a Grant of Probate. This gives you the legal authority to execute the wishes stated in the will, including:

  • Settling debts and paying taxes (including Inheritance Tax)
  • Distributing assets
  • Accessing bank accounts, pensions, etc.
  • Handle legal issues related to the estate

Why should I get legal representation as an executor of a will?

Legal representation when executing a will helps simplify the probate process and minimises the chances of any costly mistakes.

Other reasons for getting legal help when executing a will include:

Saving you time

Executing a will involves many steps, lots of paperwork, and legal requirements that can take up much of your free time. This can be especially overwhelming during a time of grief.

A legal rep can quickly prepare and file all necessary forms, efficiently manage relevant assets, deal with debts, and resolve potential conflicts in less time.

Neutral party

Executing a will and dealing with a person’s estate can sometimes lead to family disputes. Legal representation during this time acts as an independent party with a neutral overview of the will who can manage the estate without bias or prejudice.

If the estate is contested, the solicitor remains neutral throughout the litigation before distributing it according to the court’s final decision.

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Help executing an estate

What exactly can you help me with when executing an estate?

The solicitors at Spencer Churchill can carry out most of the duties laid out in the will, saving you time and headaches. This includes:

  • Helping you apply for a Grant of Probate
  • Settling tax liabilities (e.g. IHT, income tax, CGT)
  • Collecting assets and discharging liabilities
  • Settling debts
  • Representing you during potential litigation trials

Is probate always needed when executing a will?

No, probate isn’t always needed, for example, if the deceased’s assets are jointly owned or their estate’s value is below certain thresholds.

What should I do if a will seems inconclusive?

If a will seems inconclusive or ambiguous, we recommend you find legal help as soon as possible, as it could be declared invalid. This could result in the estate being shared according to the rules of intestacy, which may not necessarily be to the wishes of the deceased.

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Spencer Churchill Will execution Services

Why should I choose Spencer Churchill?

Choose Spencer Churchill for expert, jargon-free legal support. We offer friendly, professional service, simplifying the probate process and ensuring you stay informed every step of the way.

Are you an administrator or executor of a will? Are you finding it overwhelming or time-consuming? Many executors choose to work with a solicitor to help them execute the wills of their loved ones, and Spencer Churchill is here to help you with just that.

Our specialist solicitors will help you with anything you’ve been left responsible for. We’ll make sure your duties are completed in good time so you don’t spend this difficult time overwhelmed by legal admin.

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Executing a Will FAQs

Depending on the size of your estate, the probate process tends to take 6-12 months. This includes time for paying debts and taxes, gathering assets, and distributing the remaining assets to beneficiaries.

If there is no will, the estate of the deceased is distributed according to intestacy rules, which prioritises close relatives (i.e. spouses, children, and parents).

A will can be contested on a number of grounds, including:

  • Claims of undue influence
  • Lack of mental capacity
  • Fraud
  • If the will doesn’t provide adequately for dependents

If you are a named executor and you don’t want to fulfil your role as stated in the will, you can renounce your role by signing a legal document.

If several executors are named in the will, the remaining executors can proceed if they wish, but if no one is willing to act, the court can appoint an administrator.

If you can’t find the original will, you should check with the deceased’s solicitors, bank, or any other place where the will might be stored. If you can’t find the will, the estate will be treated as if no will has been written up and will be distributed according to intestacy rules.

Yes, you can be an executor and a beneficiary of the same will. This is common for spouses, children, and other close family members.

If an executor makes a mistake when administering the estate, they can be personally responsible for any losses incurred by the beneficiaries. Legal representation will help to avoid any costly mistakes being made when it comes to executing a will.

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