Executor of a Will Liability

S

Stephen Brennan

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My Uncle has asked me to be the Executor of his Will after he dies. We don't have a particularly close relationship but I'm planning to accept as he doesn't have anyone else he can trust to do it. I'm unsure of the size of the estate he will leave to his wife and daughter (from a previous relationship) but I'd imagine it will be small, if anything at all. My understanding is that from the date of death the entire estate passes to the executor and from there the duties and responsibilities of the executor commences.

I'm aware that if a person dies and they have no estate then their debts die with them, but my concern is that my Uncle will die with a small estate and creditors may bring a claim against the estate. Does anybody know if I, as the executor, will become liable for any shortfall owed to the creditors if there is not enough in the estate to pay them? Or for example, there is not enough money to pay for funeral costs etc?
And if so, is there any legal safeguards I can put in place before agreeing to be the executor to protect me from this happening?

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Not for debts, but the role does carry significant legal responsibilities.

If there's insuffient funds for funeral costs, the immediate family usually cover it; but if thats not possible, county council have to step in (what was once called a 'paupers grave').

Is there a reason the daughter cant do it?
 
If you are worried that your uncle does not have enough money to pay for his funeral then why does he need a will. If he has nothing to leave he can die intestate.

It seems you are very worried about debts so perhaps ask the uncle straight up if he has money set aside for his funeral, many people do.

Otherwise relations normally cover the cost of a funeral. The value of the estate never passes to the executor. As executor you as pay bills like house insurance, funeral expenses etc that would be paid by the estate once probate has been granted (and sometimes before). Even if another relative paid for the funeral it seems common practice that they submit the bills to the estate for payment. As the daughter is probably the closest relative she might take over the arrangements for the death and funeral herself without even discussing it with the executor
 
DannyBoyD said:
Not for debts, but the role does carry significant legal responsibilities.

If there's insuffient funds for funeral costs, the immediate family usually cover it; but if thats not possible, county council have to step in (what was once called a 'paupers grave').

Is there a reason the daughter cant do it?
Click to expand...
He doesn't want the daughter involved as the relationship between her and his wife isn't great and they will be the only two beneficiaries.
Thanks for the reply. I received legal advice today and as long as I comply with the Administration of Estates Act, I can't be held liable for debts. And if there aren't enough funds to pay everyone, the Estate is insolvent. Basically, as long as I keep accounts, do everything correctly, I won't be out of pocket.
 
DannyBoyD said:
Not for debts, but the role does carry significant legal responsibilities.

If there's insuffient funds for funeral costs, the immediate family usually cover it; but if thats not possible, county council have to step in (what was once called a 'paupers grave').

Is there a reason the daughter cant do it?
Click to expand...
BTW the "paupers grave" scenario is very interesting - I'd never actually heard of it, so thanks for that.
 
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