Are you feeling confused and overwhelmed by the Executry and Probate Law of the UK? Rest assured that you are not alone. Every year, thousands of people who are new to Executry and Probate Law either as testators, witnesses, administrators, or executors of an estate are suddenly left with no choice but to cram in as much information as possible into their heads in a short amount of time because they have been suddenly thrust into a situation where the application of Executry and Probate Law is inevitable. So what do you do when you are one of these people? Do you just dive in head-first into the world of Executry and Probate Law and then hope for the best that you can fulfill your duties and responsibilities as required by the law?
Get Professional Legal Assistance From A Solicitor
Actually, while learning as much as you can about Executry and Probate Law as possible is never a bad idea, you cannot really expect to become an expert in the confusing and complicated area of law known as Executry and Probate Law. After all, this is something that law students spend several hundred hours learning in law school and still continue to learn even as practicing solicitors. Therefore, the best thing that you can do right now is to find a reputable solicitor to give you some professional legal assistance as soon as possible.
With that said, let us first get you up to speed on UK executry law with a few basic tips.
Know Your Role
Exactly why are you tangled up in the complicated web of UK executry law in the first place? What is your current role? Are you an administrator of an estate as appointed by the court? Are you an executor named in the will of the deceased? Do you happen to be a beneficiary in a will? Are you a legal heir with a legitimate claim to some portion of the estate? You need to know at least where you currently stand in order to take the first step forward.
As An Executor
Let us assume that you were appointed as an executor in the will of the deceased. Basically, your role as an executor is to eventually “wind up” or settle the estate of the deceased and see to it that you perform all your duties and responsibilities as required by law. First of all, you need to have your identity as the executor confirmed by the court. Once you have been authorized, you will then need to identify and pay off all the debtors of the estate and pay the UK inheritance tax based on the estate. The responsibilities for the arrangements for the funeral as well as the final winding up of the estate also lie with you. It can be a daunting task and over-all, it could take a year before everything is settled. Fortunately, you won’t have to pay for anything out of your own
pocket since the estate will actually handle all the expenses related to your role as an executor – which you will have to account for, of course.
Can I Just Refuse?
Yes. You cannot be forced to be an executor. You can formally resign in writing when you are informed of your task and the court will find a successor executor to perform your role for you.