When it comes to making a will, you need to appoint an executor. Find out how to get a friend or family member to help and cut down on costs
Who can I appoint as executor of my will?
Basically any family or friend — but ask them first. They can use a solicitor to help with more complex issues.
What must an executor do?
Mainly legwork such as posting notices of the death; contacting beneficiaries of the will and the relevant authorities; paying bills and cashing in insurance policies and savings.
Where do they start?
They will usually need to get probate. This is the legal authorisation — usually granted to the executor of the will — to carry out these tasks. To get this, they'll need a document called the Grant of Representation, which is issued by the Probate Registry. It costs £90. However, on very small estates, where they just need to release less than £15,000 to £20,000 from a bank, they may not need it.
What else must they do?
If no inheritance tax is due, they need to complete a probate application form PA1 and Inheritance Tax form IHT205. They can download these at www.direct.gov.uk or call the probate helpline on 0845 302 0900. If IHT is due, they need to fill in forms PA1, IHT 400 and IHT421. These are sent to the Probate Registry along with the original will and a certified copy of the death certificate. They will then have to attend an interview to confirm the details in their application.
Where can I get free advice?
There is an excellent guide at www.direct.gov.uk. Her Majesty's Court Service provides free advice at www.hmcourtsservice.gov.uk or call the probate helpline. You can also contact your local Citizens Advice Bureau.
What about professional help?
For a list of solicitors, go to www.solicitorsfortheelderly.com Or you could use probate broker Final Duties. It will find you the best quote from a panel of solicitors. If you accept the quote, it will charge £295 including VAT. For wills, use a solicitor or a will-writer from a reputable body such as the Institute of Professional Will Writers.
Does having a will help?
Yes. Where there is a valid will, the named executors can automatically apply for Grant of Representation. If there is no will or the will is invalid, the next of kin can apply for a Grant of Letters of Administration, which is basically the same thing. But it causes more complications and your estate will be distributed according to the law rather than your wishes.
Can I write my own will?
It's not advisable. All it takes is for you to get one thing wrong and the will may not be valid. There could also be family disputes — leading to costly court action — if the wording is not clear. The cost of writing a will can vary between solicitors and depends on how complicated your affairs are and the experience of the solicitor, as well as where they are based. You can expect to pay from £100 to £400.
›› Get help with writing a will