When looking at drafting your will you will need to appoint an executor. This is something that your solicitor will ask you during the process of will making. So essentially the executor is the person who manages your affairs after your passing. They perform three distinct roles:
- They are the legal hook where all your assets rest after you die. After you die your executor becomes the trustee of your assets. That is the person who is legally responsible for all your assets. They hold the legal title to your assets after you die. However, it is a special type of ownership called ownership as a trustee. A Trustee can be viewed as simply a legal “coat-hanger”. They are the person where legal title rests. They do not own your assets in a true sense. The true owner of your assets are the beneficiaries under your will. We call these the beneficial owners. It is possible to own assets two ways, that is legal ownership and beneficial ownership. It is the role of the trustee to hold the legal title until such a time as the assets of a deceased are administered.
- The executor is the person who must apply for the grant of probate. This is the court order certifying that the will is the final and valid will of the deceased. They must work with the solicitor in collating and identifying all the relevant assets and liabilities of the deceased. They must locate and identify the original will of the deceased and they must return a list of assets and liabilities of the deceased to the Revenue Commissioners.
- The Executor must ensure that the wishes of the deceased are carried out and that the assets of the deceased are distributed in accordance with the terms of their will. That is that the assets are distributed in accordance with the terms of the will to the beneficiaries of the estate. Once those steps are taken then the legal title to the assets transfers to the beneficiaries and the role of the executor as trustee ends.
- It is also the role of the executor to ensure that all relevant taxes of the estate are properly attended to so that there is no outstanding income tax liability of the deceased owing to Revenue.
It is not the role of the executor to look after the taxes of each of the beneficiaries. That is their own position.
Sometimes an executor must be the person who is involved in any litigation of the estate and they are the named person in estate litigation.
Being an executor is an onerous task and one not to be taken lightly. The executor must ensure that the affairs of a deceased are managed efficiently and promptly. This article highlights some of the key functions of an executor and what they must do following the death of a person who has made a will.
For more information contact Colm Kelly founder of kerrywills.ie