I am an Executor but do not feel I can cope with administering an Estate, what should I do?

For many Executors dealing with an Estate can be a stressful and overwhelming prospect. At an already very emotionally exhausting time; collecting in assets, obtaining probate and distributing an estate is a lot to deal with but there are options that may help ease the load.

Power Reserved

If there is more than one Executor appointed, it is possible to have “power reserved” to you. This means that although you will remain an Executor in title, the other Executor(s) will take the lead and that you will not need to sign off any documentation in relation to the administration of the Estate.

Power Renounced

If circumstances dictate that you wish to withdraw as Executor entirely, you can renounce your power. If there is more than one Executor appointed in the Will, the remaining Executor(s) can continue to act. If you are the sole Executor appointed, there is an order of priority established within the Non-Contentious Probate Rules as to who may act as Executor in substitution.

Appoint a Solicitor

It is possible to remain appointed as Executor but to instruct a solicitor to act on your behalf. The level of their involvement in the matter can be decided by you. This allows you to retain control but also ensures you receive the level of support you require to deal with the matter.

If you require any support or assistance in acting as an Executor we at Fisher Jones Greenwood are to help. Contact us on 01206 700113 or email [email protected].

Credit – blog post written by Lauren Hancock.