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Can A Co-Executor Act Alone In The UK?

It’s good practice for a will to name more than one executor. Unfortunately, this theoretically creates the possibility for disagreement between them. So, can a co-executor act alone in the UK?

This rather depends on how the will is set up. Let’s take a look at the details:

Who are usually executors of a will?

There are usually two broad categories of people chosen as the executors of a will:

Close friends or family members – trusted by the deceased to handle the many responsibilities of being an executor.
A professional or business – providing executor services.

Both have their advantages and disadvantages. For example, a professional is likely to deliver a much better service and protects the deceased’s family from stress and disagreement. However, they will want to be paid for their time.

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An executor’s responsibilities are many and varied, encompassing a wide range of paperwork, financial calculations, and legal obligations. They include but are not limited to:

Registering the death (though this is sometimes handled by family members)
Valuing the estate (sometimes requiring the hiring of surveyors or valuers)
Calculating and paying Inheritance Tax
Applying for probate (the legal permission to deal with the deceased’s estate)
Notifying potential creditors of the death, paying debts, generally administering the estate and concluding the deceased’s affairs

Can a co-executor act alone?

It is common for multiple executors to be named in a will. This is to ensure that the wishes in the will can still be carried out even if something were to happen to one of the executors.

However, this does raise the possibility of a co-executor acting alone. Whether this can happen largely depends on how the will states certain decisions will be made. This can be:

Jointly – decisions made jointly require the agreement of all executors.
Jointly and severally – executors must act together (jointly) for some decisions but can act on their own (severally) for others.

It is important to note that if a type of decision or task is stated in the will to be a matter the executors should handle jointly, no one executor can make the decision on their own.

If the decision can be made severally though, any executor can make it. It also then counts as being the act of all the executors. The law does not distinguish. The only exception is if the matter concerns land.

Why might executors disagree?

Each executor should make sure that communication remains open and honest between themselves to make sure there are no disagreements. However, it’s not unheard of for executors to disagree because of:

Historical personal disagreements
Different methods or habits of individual executors
Too much discretion or a lack of clarity in the executor’s role

Of course, it’s also possible that another executor may be discharging their duties poorly, unwilling to discharge them, or find their own interests in conflict with the will (perhaps because they live in a property that the will requires them to sell, for example).

What are the consequences of a co-executor acting alone?

There are several consequences of a co-executor acting alone. Usually, their co-executors respond by:

Asking to negotiate – most disputes between executors can be solved with negotiation. This can happen simply between the parties, though independent third-party mediators can also be brought in.
Requesting legal advice – a slight escalation involves seeking legal advice from an expert regarding the limits of an executor’s role.
One executor stands aside – any executor can renounce their role at any time if they wish to (though it is smart to take legal advice before you do). You can also get a Notice of Power Reserved, meaning you are stepping out for now but reserve the right to come back later.
Applying to the High Court for guidance – after expert legal advice, the next escalation is asking the High Court to step in. The court will not always do this, but can if the decision in question is deemed important enough.
Removing one of the executors – this final rather extreme step is a possible consequence of an executor acting alone. This is only possible if gross incompetence or deliberate misconduct can be demonstrated rather than the situation being a clash of personalities.

The acrimony and general escalation of disagreements between the executors of a will can become hugely problematic and unpleasant if it proceeds beyond the amicable negotiation stage.

It is possible for a co-executor to act alone if the will states the decision can be made “severally”. But all of the above means it is best practice for multiple executors to actively communicate with one another to make sure disagreements don’t happen and no one acts alone.

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Does The Executor Of A Will Get Paid In The UK?

The executor of a will is one of the most important roles in it. It comes with a large degree of responsibility and can involve a lot of work and many challenges. But does the executor of a will get paid in the UK?

Sadly, the answer is usually no. Certainly, an executor will not get paid by default.

However, that’s not the complete picture. Here is everything you know about how you might or might not get paid for fulfilling your duties as the executor of a will:

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Does An Executor Of A Will Get Paid?

Despite the amount of work that can be involved, an executor is not automatically entitled to be paid for their work. However, it is possible for:

1) A Will To Make Provisions For Paying An Executor

Some wills recognise that the job of an executor deserves some sort of recompense and earmark a portion of the estate or a lump sum to the executors in thanks for the work they are going to do.

You can’t simply bill an estate for your time as an executor though. There has to be a specific provision in the will.

2) An Executor To Claim Expenses

However, it is recognised in law that some tasks an executor might have to complete do cost money. You will need to pay probate fees, for example. The estate will cover those expenses so you are not left out of pocket by your work.

This means it’s good practice to collect all receipts and invoices as you administer the estate. This will ensure there are no difficulties when it comes to claiming those expenses back.
This is important. Because the beneficiaries can protest against any expenses that seem too high.

3) Professional Executors To Charge Fees

Being an executor can be hard work. For this reason, many people decide to use a professional such as a solicitor to do the job for them rather than put a potentially onerous duty on the shoulders of a close friend or family member.

The way this works is much the same as when a will makes provision for an individual executor to be paid. The only difference is that a professional executor or trustee will insist on there being a specific clause (known as a “charging clause”) in the will that allows them to charge for their services.

Again, it is possible for beneficiaries of the will to object if the fees the professional attempts to charge are perceived as too high. However, even if a replacement executor is named, they cannot be paid using the existing charging clause unless they are also a professional.

A “professional” is here taken to mean they are acting as part of their profession or as a business that delivers services connected to being an executor or trustee.

A recent court case clarified that executors can only be paid if their business delivers these specific kinds of highly relevant services. Even if an executor were to try to claim for other work done administering the estate, the will must use language that specifies they can for the claim to be successful.

Who Are Most Likely To Be Paid Executors Under A Will?

Because of the fact that professionals delivering services will have a specific type of “charging clause” inserted, they are the most likely to be paid executors under a will. Solicitors are the type of professional most commonly trusted to perform this duty.

This is particularly valuable if the estate is a complex one as a specialist solicitor will have legal knowledge and experience that will smooth the way.

As mentioned above, it’s also not impossible for friends or family members of the deceased chosen as executors to be paid for their work. However, the default and most common position is a “silent will” – that is to say, a will that makes no provision for an executor to be paid for their time.

Are Expenses Paid In Addition To Any Fees?

Yes. Executor expenses are usually paid in addition to any fees that they may be paid for their services.

However, the charging clause included in a will on behalf of a professional or an individual can stipulate different outcomes. Unless you are an expert yourself, it’s always worth checking with a specialist as to what the legal language of a charging clause actually means.

What Are Usual Executor Expenses?

Standard executor expenses are not strictly defined. As long as the executor can show how that the expense was made because it was required or benefited the estate, they are normally accepted.

That said, beneficiaries are allowed to request the estate’s accounts and have the right to challenge any expenses that seem illegitimate.

The usual sorts of things that you might expect to count as executor expenses include:

Funeral expenses and probate fees
Any necessary property maintenance, cleaning, or ongoing utility bills
The fees of surveyors or valuers of property as well as estate agent and conveyancing solicitor fees when selling property
Travel or postage costs (though this is worth defining with the beneficiaries)
Property insurance for unoccupied buildings

If you are in any doubt, it’s worth discussing with the other executors and beneficiaries of the estate what they understand you can claim for. It’s also often worth consulting a legal expert.
This is because, as an executor, you are personally liable for any losses to an estate caused by errors – even honest ones. This means that not only may an executor of a will in the UK not get paid, but they open themselves up to unexpected costs too.

Need To Know More About Your Duties As An Executor? Want To Make Sure You Won’t Be Left Out Of Pocket For Your Time?

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Can A Bank Release Funds Without Probate?

Can A Bank Release Funds Without Probate? As well as deeply saddening, bereavement can be financially stressful for those left behind. Unexpected costs can leave surviving partners and family members struggling, leading some to ask if a bank can release funds without probate.

The answer to this question is broadly yes. Most banks will release at least some funds without needing to see a Grant of Probate. Indeed, most banks know that Inheritance Tax has to be paid – often from the deceased’s estate – before probate can be granted.

However, most financial institutions have their own rules in place. Some banks may even release large levels of funds without probate. But if you go too far with accessing these funds, you can leave yourself open to problems later down the line.

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Can A Bank Release Funds Without Probate?

Yes, most banks will release limited funds from the bank accounts of someone who has died to certain parties without probate. Generally, these funds are intended for three very specific purposes:

Covering funeral costs
Paying probate fees
Paying Inheritance Tax (this is actually required before a Grant of Probate can be issued)

Legally speaking though, banks aren’t required to release any funds at all without seeing a Grant of Probate from the executor of the estate or a Grant of Letters of Administration from the administrator (if the person in question died intestate, without a will).

How Much Can A Bank Release Before Probate Is Granted?

According to law, as of 1984, banks were limited to releasing only up to £5000 before probate was granted. These days, that’s not a lot of money.

Today, most banks will allow certain people to access far more than that. This figure varies and individual banks are currently free to set their own limits. Some may allow you to access up to £50 000 or more. Others may limit you to something more like £10 000 or £15 000.

Banks may also allow you to access smaller or larger amounts depending on the overall size of the assets in the deceased’s bank accounts.

Who Decides How Much Can Be Released Without Probate?

Despite the theoretical legal limit, individual banks and building societies tend to set their own rules for how much they release without probate.

The easiest way to find that limit for your bank is to check their website. Most are completely upfront about it.

Who will a bank release funds to?

In theory, a bank should only release funds of any significant size to the executor named in the will bearing a Grant of Probate or the chosen administrator of the estate with a Grant of Letters of Administration.

However, in recent years – especially during the COVID-19 pandemic and beyond – banks have begun to release ever-larger sums of money from the bank accounts of deceased people without asking to see a Grant of Probate or similar legal permission.

For those desperate to secure funds in a difficult time to cover the costs of funerals and the like, this has no doubt been a saving grace. Arguably, the original £5000 limit is far too small for modern needs in any case.

But probate rules largely exist for very good reasons. A Grant of Probate is only issued to someone who has proved they have the legal authority and are trusted to manage the estate of someone who has died. Not following probate rules risks the deceased’s wishes not being fulfilled.

There’s another risk too. Inheritance Tax has to be paid. Records of the deceased’s bank account (and their other assets) exist. Gaining access to the funds early might feel like a windfall. Needing more money to pay Inheritance Tax and other legal requirements later on feels much less positive.

What Can Released Funds Be Used For Or Spent On?

The only purposes that the funds released from the accounts of someone who has died before probate should really be put to are funeral costs and paying Inheritance Tax and probate fees.

As mentioned above though, growing laxity of implementation of the law following COVID-19 has seen these purposes being stretched. However, using access to these funds for other purposes can be very risky.

If a partner dies will a bank release funds from their sole accounts to the other partner?

Generally, a bank should freeze the sole account of someone who has died as soon as they are notified of the death. In order to release funds even to the other partner, a bank will normally want to see:

A copy of the death certificate
A certified copy of the will
The executor’s ID

The amount of time it takes to receive access to these accounts – and the level of funds that can be accessed – will depend on all of the factors mentioned above. Chiefly, the bank’s own regulations as well as perhaps the scale of the funds requested and those in the deceased’s account.

Of course, this is dependent on the language used in the will clearly showing that – as it does in many cases – the surviving partner will inherit everything in the sadly departed partner’s account. This makes a professionally written will a must for partners who have sole accounts yet are financially dependent on one another.

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What Happens When One Of The Tenants In Common Dies?

Tenants in common is a popular way for close friends and relatives as well as couples to purchase property. But what happens when one of the tenants in common dies?

Largely, this will come down to what the person who has died set out in their will (making it vital to draw up a will if you do intend to become a tenant in common).

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Yet there are many related questions about tenants in common – what happens when one dies and, sometimes more importantly, what the still-living tenant chooses to do about it:

Who Inherits My Share Of The Property?

As tenants in common, you will own a strictly defined share of the property in question. This could be a nice round number like 50%. This share can then be left to someone in your will. If the person you own property as tenants in common with is your partner, it could be them.

To make sure this happens, you can create what is known as a lifetime interest or a life interest trust of the property. You can then give your spouse or partner who is the other tenant in common that lifetime interest.

Were you to pass away, they would then be able to continue to live in the house. Technically, they still only own half of the house (or whatever division of it they did before). But thanks to the life interest trust, they can even sell the house (with some limitations) or pass it on to children when they too pass away.

What Happens If Your Tenant In Common Died?

In most of the UK, if your tenant in common has died, the first factor that determines what happens is whether or not they left a will laying out their wishes.

If the deceased did not leave a will, the Laws of Intestacy apply. These are default rules governing who inherits what when a person dies without specifying what should happen to their estate. Under intestacy rules, the surviving tenant in common does not automatically inherit the property.

In Scotland, there is a similar but slightly different situation. The survivorship clause common to joint property ownership in Scotland usually needs to be deliberately “evacuated”.

Otherwise, the surviving tenant in common (although this terminology isn’t actually correct in Scotland) will inherit the full property automatically.

If Someone Else Now Owns The Other Share, What Are My Options?

When you own a property as tenants in common with someone else, you and the other tenant can both choose who will inherit your share of the property were you to pass away. This can lead to situations where the surviving tenant now owns the property with someone they are not as close to.

For example, picture a couple who own property in common. One of them leaves their share to a child from a previous marriage who lives far away and is little known to the surviving partner.

If this sort of situation transpires, you have three basic options:

1) Buy Them Out

One of the simplest solutions is to buy out the new tenant.

Suggesting this can be a welcome solution for the new tenant too. They may already own property they live in or have no desire to move to the area where your property is situated, for example. They may also simply prefer to have funds to do with as they will.

2) Sell The Property And Buy Something With Your Share

Alternatively, both you and the new tenant might decide together that you both want to sell the property.

You might not wish to remain living in a home you once happily shared with someone else. They might have no desire to move in. Selling the property and buying a new one with your share can work well in this case.

3) They Buy You Out

Finally, the new tenant might want to live in the property (or have it available to rent out) while you might have no desire to be involved with it anymore.

In this situation, the new tenant may wish to buy you out. You might even suggest this as an option if you feel it would be the best solution for you. They can, as they say, only say no.
What happens when one of the tenants in common dies?

It’s clear that whether or not the deceased left a will is the deciding factor in what can happen when one of the tenants in common dies. This makes drawing up a will very important. However, if you are the surviving tenant, you have several options as to what you can do. Consult legal advice and think about what feels right before you make your choice.

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How Much Does Probate Cost In Ireland?

Probate law in Ireland has a few common misconceptions and assumptions surrounding it. But one of the most important questions is how much does probate cost in Ireland?

Let’s take a look at what probate is defined as in Ireland, whether you need it, and the costs involved:

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What is probate?

Probate is a legal process that gives someone the right to handle the estate of a person who has passed away. It is important to note though that probate is not always required after a person has died.

The probate process in Ireland requires someone to make an application to the District Probate Registry or the national Probate Office. If successful, the Office will send a legal document called a Grant of Representation.

This document is only issued if the Probate Office is content that the will is valid. If there is no will, you need to apply for a different kind of Grant of Representation (called a Grant of Administration). Once you have the document, you have the right to distribute the assets of the person who has died.

Do I need probate?

Probate is not always needed following a death in Ireland. You will need probate if the deceased person owned significant amounts in terms of:

Property – if the person who has died owned property in their sole name or as tenants in common.
Assets – if the person who has died owned notable assets in their sole name or in common.
Joint accounts – in some cases, even if the co-owner is alive, probate might be needed to distribute funds from a joint bank account.

As you can see, this list does not include any reference to whether or not the person who has passed away left a will.

There are circumstances where you will need to go through the probate process for a person who has left a will. Equally, you might not need to go through the probate process for someone who did not leave will.

What a will does is ensure that only the people whom the deceased person trusted most (those they named as executors of their will) can apply for probate and get that Grant of Representation.

How much does an estate have to be worth to go to probate in Ireland?

You won’t need probate in Ireland if the deceased person had what is commonly called a “small estate”. Unfortunately, there isn’t a set limit for what constitutes a small estate.

Individual banks and financial institutions set their own rules for this. And, because they control when or if they require a Grant of Representation before releasing a deceased person’s funds to someone else, the bank the deceased person used largely decides whether their estate is “small” or not.

However, a common rule of thumb for what constitutes a “small estate” is €25,000. Anything less than that is commonly not subject to probate. It is worth checking with the bank in question though as some set different thresholds.

How much does probate cost in Ireland?

Probate fees are levied at the following rates based on the net value of the estate in question. Be aware though that these are rates for personal applications. Probate fees are significantly cheaper in Ireland if a probate solicitor makes them on your behalf.

Estate valued at less than €100 000 – €200
Estate valued at less than €250 000 – €400
Estate valued at less than €500 000 – €700
Estate valued at less than €750 000 – €1000
Estate valued at less than €1 000 000 – €1300

If the estate is valued at more than €1 000 000, the fee goes up by €800 for every further €500 000 in value.

Do I need a solicitor to handle probate in Ireland?

Again, it’s worth noting that those fees listed above are personal application fees. Using a probate solicitor to handle probate in Ireland reduces those fees by half.

This means that using a solicitor is a smart move in some probate cases, depending on the complexity of the case and the size of the estate (that is to say, whether the money saved on fees will be greater than any fees the solicitor might charge).

There are also situations where Irish law requires that you use a solicitor for probate. For example, if there are disputes amongst the next of kin or if the person who should apply for probate is of unsound mind.

Apart from that, a probate solicitor adds value in that they can provide professional legal advice where you need it. This can start from the beginning, advising you on how much probate costs in Ireland – often before you need to pay any fees whatsoever.

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Probate Solicitors Near Me

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.