When executors become personally liable, the Section 27 notice, bankruptcy searches, IHT clearance, Benjamin orders, executor insurance, and how to renounce.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 16 min.
It depends on whether you placed a Section 27 notice and waited the required period from publication. If you did, and the creditor did not respond, you may be protected from personal liability — the creditor's claim is usually against the beneficiaries, not you. If you did not place a notice, you may be personally liable for the debt. You should take legal advice immediately.
A lay executor (a friend or family member) is not entitled to payment unless the will specifically provides for it. However, a professional executor (such as a solicitor or bank) can charge for their time. If you are a lay executor and the estate is complex, you can instruct a solicitor to assist you and pay their fees from the estate — this is different from paying yourself.
Take legal advice immediately. Do not distribute the estate until the dispute is resolved — distributing while a claim is pending can increase your personal liability. A solicitor can advise you on whether the claim has merit and how to respond. In serious cases, you can apply to the court for directions, which will protect you if you follow the court's guidance.
No. An executor is not personally responsible for the deceased's debts simply by virtue of being an executor. You are only personally liable if you make a mistake in administering the estate — for example, by paying creditors in the wrong order or distributing assets before debts are paid. If the estate is insolvent and you administer it correctly, you will not be personally liable for any shortfall.
Yes. A beneficiary or co-executor can apply to the court under Section 50 of the Administration of Justice Act 1985 to have an executor removed and replaced. The court will consider whether the executor has acted improperly, is in conflict of interest, or is failing to administer the estate efficiently. Removal is not common but is available in serious cases.