Beneficiary v Executor

19 APRIL 2022 10:00

A. The executor is afforded at least a year from the date of death before you and the other beneficiaries can call on them to distribute any part of the estate. Whilst the estate is being administered, the ownership of the deceased assets rests with the executors for the purposes of administration.

As a beneficiary to the estate, you are not entitled to view the Will, but you are entitled to know who has been appointed to act as an executor of the estate (there may be more than one executor appointed), and the extent of your interest in the estate under the provisions of the Will. 

The estate cannot be administered until the Grant of Probate has been applied for and received. If you are due to receive a pecuniary (monetary gift) or specific gift (jewellery etc), you cannot look to receive such gifts until the Grant of Probate has been received and all liabilities in respect of the estate have been discharged.

If the executor appointed under the terms of the Will is refusing to apply for the Grant of Probate and therefore refusing to administer the estate, you will need to put the executor on notice that if he/she does not apply for the Grant of Probate within the next few weeks, you will be making an application to Court to ask the Court to discharge the executor of his/her duties and appoint somebody else to administer the estate accordingly.

The executor’s role in administering an estate is important and when an individual takes on the responsibility of acting as an executor, he/she may become personally liable for any loss the estate may suffer as a result of his/her failure to carry out their duties and obligations.

For further information, please do not hesitate to contact Gomer Williams by telephone on 01554 755101 or by email on contactus@gomerwilliams.co.uk.

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