2 minutes reading time (317 words)

Three Surprising Hazards of Being an Executor

Being named in someone’s will as the executor is a great honour. However, it is important to know that you are not required to accept the appointment. Before you accept, here are some of the potential hazards an executor should bear in mind.

1. Disputes with Co-executors

Often when a parent has more than one child, all children are named as co-executors so as not to show favouritism. This arrangement may not work as smoothly as hoped. Some children could be out of the country, making it difficult to handle the hands-on activities such as securing assets and selling a home.

Additionally, some may lack the financial ability to deal with creditors or fully understand estate tax matters. If co-executors can agree, it is better to allow only one to serve as the executor and the other co-executors simply waive their appointment.

2. Disputes with Heirs

An executor’s job is to secure the assets of the estate and then distribute them according to the deceased person’s wishes.

In some families, heirs can descend on a descendant’s home even before the funeral, cherry-picking heirlooms and other valuables.

An executor should secure the home and other assets as quickly as possible and inform heirs that this is the law.

3. Personal Liability Exposure

As an executor, you must pay taxes owed before disbursing inheritances to heirs. If you pay heirs first and do not have sufficient funds in the estate’s checking account to pay taxes, you are personally liable for the taxes.

Executors must explain to heirs that you are not permitted to give them their share until you have settled with creditors and others with a claim against the estate.

Contact our Executry (Probate) Solicitors Glasgow & Scotland

The role of executor can be complex and time consuming, and expert legal advice is always recommended. To find out more about our executry services, contact our specialist lawyers today.

The Difference Between Probate and Estate Administ...
Executor Liable for Inheritance Tax


Already Registered? Login Here
No comments made yet. Be the first to submit a comment

We can give you straightforward, expert advice on Executries & Probate.

CALL US TODAY 01412227951

Why Choose Us?

Expertise - we are a niche firm specialising in Probate and Executry

Value - we do not charge fees based upon the value of the assets/estate

Clarity - we offer fixed fees in most cases

Contact Wilson & Fish Solicitors

Our specialists can help advise you today.

Please let us know your name.
Please enter a valid phone number
Please let us know your email address.
Please let us know your message.
Invalid Input

Latest News

12 November 2018
There are a number of common failings that executors can fall into which lead to disputes and complicate the process. Problems can arise because not everyone fully understands exactly what they are ta...
06 November 2018
Despite both Probate and Estate Administration being associated with handling an individual’s estate after they’ve died, both are defined differently and often misunderstood.What is probate?Probate re...


"Mark Wilson is a very helpful person. I had no clue where to turn, and Mark helped me understand my options with the executors of my late grandmother will. He was immediately helpful on first contact, and gave me great advice. If you need help with any estate problems, I highly recommend Mark."

Matt Drums, Scotland

Contact Wilson & Fish Solicitors

Our specialists can help advise you today.