Information for executors of wills

The first thing you would need to do is locate their last Will and Testament. Usually, a copy would be kept with the person's important papers. This will give information about the law firm or will writers, who often hold the original will. If you think they used the Macmillan Free Will Service, we can check our records and can tell you which provider they used. You can then contact them directly. We don't have access to any details of the contents of the will, nor do we keep copies or originals.

If you can't find a copy, the best starting point would be to contact the law firm that acted on behalf of the person that has died. This may be a law firm that has acted for them in purchasing of property, family law cases or business advice. If you don't know of any law firm or will drafter that acted for the person, you can try contacting the bank, as some still retain documents for customers.

Some people register their will with Certainty's National Will Register. If this is the case, you can search the register (for a fee).

Once you have the will, inform the executor of the death so that they can start to carry out their duties. It is important that no one other than the executor starts to deal with the estate as this can cause issues later on.

As executor, it is your duty to ensure that you follow the final wishes of the deceased. These wishes are usually expressed in the will. You are also responsible for organising the funeral and informing all interested parties of the death.

This will include, but is not limited to, creditors, debtors, beneficiaries and HMRC. Once these steps have been followed, an executor is also responsible for arranging the payment of all debts, expenses and taxes. You must pay any outstanding debts or bills before you can legally distribute the estate, as per the contents of the will.

A Grant of Probate (in England, Wales and Northern Ireland) or Confirmation (in Scotland) is the document that gives the executor the legal authority to deal with the estate.

In our experience, many estates will need a Grant of Probate or Confirmation. If the estate is quite small, the executor might not need to get these documents. It is best to check with individual institutions whether they need one to release assets. Usually this depends on the value of the assets and can differ between institutions.

Some people prefer to instruct a solicitor to obtain a Probate or Confirmation. This is because the process can be complicated to carry out yourself. Solicitors are experts, so they are able to help ensure that the process is carried out efficiently.

If you would prefer to do this step yourself, the easiest way to find all of the information you need is by visiting:

• the Probate Registry's website if the person that died lived in England or Wales
• the NI Government Services website if they lived in Northern Ireland
• the Scottish Courts and Tribunal's website if they lived in Scotland.

It is important to tell any company who had dealings with the person that has died. This includes relevant utilities, banks, insurance providers and government agencies. You should also inform any company that is holding assets belonging to the deceased.

Executors usually place statutory notices in the London Gazette and a local newspaper. For more information see The Gazette's website.

It is possible that the estate will need to pay Inheritance Tax (IHT). This is dependent on:

• the size of the estate
• the beneficiaries of the estate
• whether the deceased made any lifetime gifts in the seven years before they died.

Gov.uk has lots of information regarding IHT, when it is applicable and which Inheritance Tax form you will need to complete.

If a will gifts more than 10% of the taxable estate to charity, the amount of Inheritance Tax (IHT) payable is reduced from 40% to 36%.

Where between 4% and 10% is being given to charity it is possible for all the beneficiaries to increase their gift by entering into a Deed of Variation and increasing the charitable gifts to 10%.

Find out more about about Inheritance Tax and other forms of tax that may apply.

Once you have received the Grant of Probate or Confirmation, you can start to pay the debts due and administer the estate in line with the person's wishes. You may choose to do this yourself or instruct a solicitor to do this on your behalf.

We would be delighted to act as your executor or trustee where you are leaving us a share of your residuary estate. We might also consider acting as your executor where you leave us a specific gift, however it would probably be preferable that one of your residuary beneficiaries acts as executor.

Where we are executor, we will do our utmost to ensure that your final wishes are fulfilled. We know that you will want your estate administered as quickly and as cost efficiently as possible whilst still ensuring that your beneficiaries receive as much as possible.

We will often instruct solicitors to help us with the administration of the estate and the cost of this will come from residue. As we are the executor of many estates, we know what to expect from solicitors. This enables us to get excellent service at excellent value.