When a loved one passes away, you might unexpectedly find yourself in the position of being an executor of their will and estate. This means that you have been chosen to be responsible for ensuring that the wishes of the deceased are met in accordance with their will.
This is a weighty responsibility and can be fraught with challenges – both in terms of complexity and scope and also in terms of managing relationships with the deceased’s heirs – some of whom might not be happy with the contents of the will.
Technically, there is no legal requirement stipulating that you need to employ the services of a lawyer to help you carry out the requirements of the will. However, given the complexity of executing estates and the potential legal and financial consequences of getting it wrong, it can prove to be very helpful to see a lawyer.
Big Job
Being an executor is time-consuming and complex. No doubt you have other responsibilities already, such as work and family, and the added responsibility of being the estate executor can overwhelm a person who is unprepared. This can lead to expensive mistakes for which you can be held personally liable.
To protect yourself, hiring a lawyer to assist you is the smart thing to do. A good lawyer will have ample experience dealing with such matters and will know how to do it correctly. A lawyer will also ensure that the process is carried out quickly.
Conflict Of Interests
In many cases, the executor of a will is also a beneficiary thereunder. This can create a conflict of interests and therefore be used as ammunition for the contesting of the will, leveraged by parties who are unhappy with the will’s contents.
The hiring of a lawyer can ensure that your impartiality is preserved and that no accusation of unfairness or dishonesty can be leveled against you. A lawyer will remain dependably objective throughout the whole process, ensuring that all of the wishes of the deceased are carried out to the letter, without any interference or fear of undue influence.
If you have been named the executor of a loved one’s will and are charged with distributing their estate, contact us at Rafton Family Lawyers. We are experts in family law and wills and estates law, including probate, and can ensure that impartiality and objectivity are preserved so that your loved one’s wishes are respected and carried out correctly.