McHale & Co. Solicitors Blog

Executor of a Will? McHale & Co can help

Losing a loved one can be very painful and traumatic.  Dealing with their financial affairs may also prove to be a challenging process.  If you are appointed as an executor of a Will, you have a lot of responsibilities including:

  • Manage the deceased’s estate following his/her death
  • Obtain and collect information about the deceased’s assets at the date of their death
  • Pay inheritance tax, liabilities and debts owed by the deceased at the date of their death out of the estate
  • Distribute the estate to the people who are entitled to it in accordance with the Will

The role of an executor can sometimes be a lengthy and difficult process, particularly if there is property to be sold.  You are able to be an executor even if you are named as a beneficiary in the deceased’s Will.  Quite often, a Will appoints more than one executor so you may share the responsibilities with someone else. 

In order to obtain access to the deceased’s assets, the executor will generally have to apply to the Probate Registry for a Grant of Probate (‘Grant’). A Grant is a legal document which confirms that the executor is authorised to deal with the deceased’s assets.   There are some circumstances whereby you may not need to apply for a Grant such as if it is a small estate, when you believe the estate is insolvent or if all of the property owned is held as joint tenants. 

There is no requirement to instruct Solicitors when you are appointed as an Executor in a Will. However many of our clients instruct us to obtain the Grant leaving them to focus on dealing with the assets.  It takes 7 days to obtain a Grant via a Solicitor whereas as applying personally can take up to 4 weeks, plus the court fee is reduced.

If the estate is particularly complicated, it may be advisable to get Solicitors involved for the whole of the process. The legal costs are generally paid out of the estate before distribution.

McHale & Co Solicitors have a specialist Probate department who can offer assistance in either managing the entire process on your behalf or just obtaining the Grant of Probate for you.  For more information, please contact us on 0161 928 3848.  We have offices in Altrincham, Stretford and Heywood and we will be happy to assist you. 

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