When a relative dies, it's always a distressing time and there is usually much that needs to be done. However, if your relative has named you as one of the executors in his or her will, it can be even more difficult. In this article, we take a look at how a probate lawyer can help you to understand and carry out the duties involved in being the executor of someone's estate.

The Duties of an Executor

Executors of wills are responsible for carrying out a range of duties relating to the administration of the deceased's estate, so if you have been named as an executor in a family member's will, it's worth consulting a probate lawyer as soon as possible after your loved one's death.

The responsibilities of an executor usually include collecting the estate's assets, calculating and paying any taxes or other expenses that need to be paid from the estate, and ensuring that the remainder of the estate is divided amongst the beneficiaries correctly, as set out in the deceased person's will.

There is usually a lot of paperwork involved in administering an estate and it's important to ensure that everything is assessed and divided up accurately and within certain timescales. A probate lawyer will be able to explain the process to you and help you to ensure that you carry everything out correctly.

Contentious Probate

Occasionally, when someone dies, a relative will contest a will. This could be because he or she believes that the will was invalid, because they believe that they were unfairly excluded from the will or because they feel that they have been left with inadequate financial provision under the terms of the will. A relative may also contest a will if they feel that the estate hasn't been administered correctly, so it's vital to ensure that you comply with the law when carrying out your duties as an executor and that you do so promptly and accurately.

If you are acting as the executor for an estate and someone decides to contest the will, you should contact a probate lawyer immediately and take legal advice about how to proceed.

If two or more executors have been named in the will, contentious probate can sometimes arise because the executors disagree about certain aspects of the administration of the estate. For example, the executors might interpret some of the instructions contained in the will differently from each other. If you disagree with another executor about how the estate should be administered, a probate lawyer will be able to give you legal advice and help you to resolve the matter.

By consulting a probate lawyer when acting as the executor of someone's estate, you can ensure that the process runs as smoothly as possible, saving time and minimising stressful situations at a difficult time.

Michelmores Solicitors is a leading legal firm, with offices in London, Exeter and Sidmouth. Michelmores provides legal services in a number of practice areas, including probate.

This article is intended as a general guide only and provides an overview of some of the legal issues that may need to be considered. It does not constitute legal advice and should not be relied upon as such. We recommend that you seek professional advice before taking action. No liability can be accepted by us for any action taken or not taken as a result of this information.