Sharing the Load: Probate with Multiple Executors

It is often the case that more than one executor is named in a Will. We take a look at how to deal with the administration of an estate and probate with multiple executors.

You can appoint up to four executors when you make your Will and it is can be advisable to appoint at least two in case one person is unable or unwilling to take on the task when the time comes.

Applying for probate

An executor named in a Will must apply to the Probate Registry for a Grant of Probate after a death. When multiple executors are appointed, several decisions arise. First, before taking any steps to wind up the estate, each executor decides whether to renounce their role. Renouncing means completely withdrawing from estate administration and forfeiting the right to do so in the future. This option is only available if the executor has not yet acted on the deceased’s behalf, so the decision must be made early on.

Alternatively, an executor can reserve their power, meaning they won’t handle estate administration but retain the option to become involved later. Once the executors determine who will manage the estate, one of them must submit the Grant of Probate application to the Probate Registry.

Estate administration

When multiple executors are involved, they must collaborate throughout the estate administration process. Consequently, decision-making can be slower as they require mutual agreement and shared signatures on essential documents, such as property sale contracts.

Alternatively, executors can appoint a probate solicitor to manage the estate on their behalf. While still requiring some signatures, the solicitor handles most administrative tasks. This option is beneficial for those with limited time, as estate administration can be time-consuming and complex. For instance, calculating Inheritance Tax, preparing estate accounts, and corresponding with asset holders often demands significant time and effort.

Appointing more than one executor

Carefully consider your executors when making a Will. If no one renounces or reserves power, they might act together. Choose individuals who get along and have good relationships with beneficiaries to prevent disputes. Appointing all your children might strain relationships when making decisions together. Consider choosing a single executor with a backup if the original choice is unable or unwilling to act.

Avoid conflicts of interest. Executors handle personal items and funeral arrangements. Disagreements can arise after a death due to high emotions.

If you are unsure or worried about disputes, appoint a professional probate solicitor. While there’s a cost, it’s better than expensive legal battles that can drain your estate and harm family relationships.

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