Being named as an executor in someone's Will is an honour, but it comes with serious legal responsibilities. In 2026, executors are accountable for every aspect of estate administration.
Your core duties include: locating and securing the Will, registering the death, valuing all assets and liabilities, applying for the Grant of Probate, paying Inheritance Tax, collecting assets, paying debts, and distributing the estate to beneficiaries.
Executors have a legal obligation to act in the best interests of the beneficiaries and to follow the instructions in the Will. You must keep accurate accounts and can be held personally liable for any errors or mismanagement.
In 2026, common executor mistakes include: failing to place statutory notices in The Gazette (which protects against unknown creditor claims), distributing the estate too quickly, and not obtaining professional valuations for high-value assets.
You have the right to claim reasonable expenses incurred during estate administration. Professional executors (such as solicitors) can charge fees, but lay executors typically serve without payment unless the Will says otherwise.
If the task feels overwhelming, you can appoint a professional to assist you. You don't have to renounce your executorship entirely — you can instruct a probate specialist to handle the administration while you retain oversight.
At Castle Family Legal, we support executors through every step of the probate process. Whether you need full administration or just guidance on specific issues, we're here to help. Contact us for a free consultation.
