Obtaining Probate – Executors/Administrators Role. – Getting it right.

We are often approached by Executors named in a Will or the Next of Kin, for help in dealing with the assets and estate of a loved one.

More recently, we are increasingly being approached by Executors, who have started to administrate the estate themselves but then found it difficult to manage or found that certain complications had arisen.

When dealing with the administration of an estate there are a number of factors to consider to ensure the estate is dealt with correctly. For instance, it may turn out that the deceased had assets you are not aware of, they may have made a Will or later Will or may have debts they never disclosed to you. As the Executor, the duty falls on you to make sure that you have made every effort to identify these matters. Failure to do so could result in you being personally liable to the beneficiaries and/or to the creditors.

Fortunately, here at Baches, we are able to recommend the following services to help you identify the appropriate issues, and to minimize your personal risk:-

• Carrying out a Will Search
• Carrying out an Asset search
• Placing notices in the London Gazette and local paperwork – to ensure the Executor/Administrator is not personally liable for creditors or beneficiaries coming to light after the estate is distributed
• Carrying out bankruptcy searches against all beneficiaries – as any estate due to such beneficiary who has been identified has bankrupt should not be paid to them.

These are some factors to consider, to name a few, to prevent any claims against Executors personally for not discharging duties correctly.

Here at Baches, our experience private client team can ensure that the administration of the estate of a loved one is managed correctly to ensure peace of mind so the Executor has no fall back on them.

Please feel free to give us a call so that we can discuss any concerns that you may have on 0121 553 3286 or reception@baches.co.uk.