What Are the Duties of a Will Executor in the UK?

Posted by the Dispute Resolution team on 8th October 2025

Handling the estate of a loved one is a significant responsibility that comes with substantial legal and financial implications.

As an Executor of a will, your role is to ensure assets are managed properly and distributed in line with the deceased’s wishes or legal requirements.

Understanding what the duties of a will executor are can help you avoid costly mistakes, protect the estate, and reduce stress for all involved. Mistakes in estate administration can result in serious issues, from financial penalties to personal liability and even court action.

This guide will help you understand your key responsibilities as an Executor, highlight common pitfalls, and provide practical steps to avoid costly errors.

What Does an Executor of a Will Do?

An Executor is responsible for administering the estate, ensuring debts are settled, taxes are paid, and beneficiaries receive their inheritance.

Here’s a breakdown of your core duties:

1. Identifying and Valuing Assets
   Executors must locate all assets, including bank accounts, investments, properties, valuables, and personal belongings. Some items may require professional valuation for probate purposes, tax assessments, or fair distribution.
2. Settling Debts and Taxes
   Before distributing the estate, all outstanding debts and tax obligations must be paid. This includes loans, utility bills, funeral costs, and inheritance tax. Managing finances correctly avoids legal complications.
3. Applying for Probate
   Probate gives Executors the legal authority to manage estate assets. If a will exists, a Grant of Probate is usually required. Without one, Letters of Administration must be obtained.
   Probate is often essential for accessing accounts, selling property, and distributing assets.
4. Managing Financial Affairs
   Executors oversee all transactions—keeping clear financial records, maintaining an estate bank account, collecting income, and handling investments or business interests until they are transferred or sold.
5. Distributing Inheritance
   Once debts and taxes are settled, assets are distributed according to the will or intestacy laws. Executors must ensure fair division, honouring specific gifts, charitable donations, or other instructions left by the deceased.
6. Acting Impartially & Lawfully
   Executors have a fiduciary duty, meaning they must act honestly, fairly, and transparently. They should communicate with beneficiaries, avoid conflicts of interest, and comply with all legal and tax requirements.

If issues arise or conflicts occur between beneficiaries, our Wills, Trusts & Estates Dispute Solicitors can provide practical support to help resolve matters professionally.

Common Executor Mistakes and How to Avoid Them

Even well-intentioned Executors can make costly errors.

Here are some key mistakes and how to prevent them:

• Failing to Keep Accurate Records: Keep detailed financial records, track all transactions, retain receipts, and use an estate account for transparency.
• Delays in Estate Administration: Probate and distribution should ideally be completed within a year, known as the “Executor’s Year.” Long delays can frustrate beneficiaries and may lead to legal disputes.
• Distributing Assets Too Soon: Never distribute funds before settling debts and taxes—this can lead to serious financial and legal repercussions.
• Overlooking Tax Obligations: Inheritance tax errors can lead to penalties. Always check tax requirements and seek professional advice if unsure.
• Not Acting Impartially: Treat all beneficiaries fairly. Avoid favouritism and follow legal guidelines strictly.
• Ignoring Beneficiary Concerns: Keep heirs informed and address disputes professionally to prevent future litigation.
• Mismanaging Property or Business Assets: Poor asset handling can reduce their value. Arrange professional valuations, maintain properties, and act in the estate’s best interest.
• Failing to Obtain Probate When Necessary: Distributing assets without legal authority can lead to complications. Apply for probate promptly if required.

Legal Consequences for Executors Who Fail Their Duties

Executors who fail in their duties—whether through negligence, mismanagement, or intentional wrongdoing—risk serious consequences:

• Legal Liability: Executors may be personally liable for financial losses and required to compensate beneficiaries.
• Court Removal: If an Executor fails to act properly, beneficiaries can seek their removal through court proceedings.
• Financial Penalties: Mismanagement of estate funds, incorrect tax payments, or unauthorised distributions can result in fines.
• Beneficiary Disputes: Favouritism or poor decision-making can lead to conflicts and legal challenges.
• Criminal Charges: Fraud, theft, or deception could result in criminal prosecution, fines, or imprisonment.

Get Professional Support with Your Executor Duties

Being an Executor comes with serious responsibilities, but proper planning, careful record-keeping, and professional advice can prevent costly mistakes.

If you need guidance with estate administration or want to understand more about the duties of a will executor in the UK, our Probate Solicitors in Worthing and Chichester can help ensure full compliance and protect the estate’s integrity.