Is it illegal to ignore a Will?

The short answer is yes, it is illegal for an executor to ignore a Will. However, understanding the full scope of this obligation and the potential consequences for failing to adhere to a Will is essential.

An executor is legally bound to administer an estate according to the provisions laid out in the Will and in accordance with the law. Failure to fulfil these responsibilities can result in significant legal consequences, including personal liability for any losses incurred by the estate or its beneficiaries. This involves several critical duties, such as:

• Assessing the value of the estate
• Determining and paying inheritance tax and other related taxes
• Filing for the grant of probate
• Finding and notifying the beneficiaries
• Identifying and gathering all estate assets
• Selling or transferring the collected assets
• Notifying creditors and paying off any outstanding debts
• Compiling and preparing the estate accounts
• Distributing the estate to the beneficiaries

An executor might personally disagree with some provisions of the Will. However, personal opinions do not justify deviating from the testator's instructions. The executor's duty is to execute the wishes of the deceased, not to pass moral or ethical judgments on those wishes.

Claims against executors

Beneficiaries have the right to claim against an executor if they feel they have not received their full entitlement or if the executor has not followed the Will. Before distributing any assets, the executor should ensure that they have accurately calculated and recorded the estate's total value and the amount due to each beneficiary.

Even if an executor’s misconduct is unintentional, beneficiaries can still claim against them. The role of an executor carries significant responsibility, including legal, tax, and administrative work. Mistakes or failures in carrying out these duties can lead to personal liability for the executor.

Given the complexity of the probate process, it is crucial for executors to understand their responsibilities thoroughly. If an executor has any doubts or lacks confidence in performing these duties, they should consider instructing a probate solicitor to help them.

Are there any exceptions?

Sometimes, Wills contain ambiguities or unclear instructions. In such cases, an executor might need to seek legal advice or apply to the court for clarification. The primary goal is to honour the testator's intentions, but interpretation might be necessary when the instructions aren't straightforward.

There are very limited circumstances where an executor is permitted to move away from what is laid out in a Will, usually requiring court approval. This may happen when:

• All beneficiaries consent to modify the distribution of the estate.
• Practical or legal barriers prevent the execution of certain provisions.
• Insufficient funds to cover debts and legacies require an alternative distribution method called 'abatement.'

Ignoring a Will is not only illegal but also fraught with potential legal and financial consequences for the executor. Adhering to the Will’s instructions and fulfilling the duties diligently is imperative. Executors who are uncertain about any aspect of their role should seek legal advice to ensure they are acting in accordance with the law and the wishes of the deceased.

How can GloverPriest help?

At GloverPriest, we provide friendly and transparent legal advice. If you would like further advice on a Will, please don’t hesitate to speak to one of our expert lawyers today. Complete our enquiry form.

Listen to our new podcast: Legally Heard.

On Legally Heard, we catch up with our expert solicitors at GloverPriest Solicitors who give us monthly insights into laws that affect your life.

This is not your average legal podcast, we give practical tips to handle important situations in your every day life. From divorce, to finances, property, children and Wills. Let's chat.