Common Mistakes Executors Make – and How to Avoid Them
Being asked to deal with someone’s estate after they’ve died can feel like an honour – but also a bit of a burden. Whether you’re a family member, close friend, or simply the person trusted to carry things out, acting as an executor can be complicated. It’s not always obvious where to start, and mistakes can easily happen.
The good news is, many of the common pitfalls can be avoided – and you don’t need to handle everything on your own. This guide highlights some of the most frequent mistakes executors make and offers practical ways to avoid them, with reassurance along the way.
1. Not being sure what the role involves
What goes wrong?
A lot of people accept the role of executor without really knowing what it means. It’s not just about carrying out the person’s wishes – you’re also legally responsible for handling their money, property, debts, and tax affairs.
How to avoid it:
Take time to understand what’s expected. Read the Will carefully and don’t be afraid to ask for help. A solicitor can talk you through your duties in plain language and help you decide whether you’re comfortable taking things on – or whether you’d prefer to appoint someone to act on your behalf.
2. Leaving things too long
What goes wrong?
After someone dies, it’s natural for families to take time to grieve. But if too much time passes before things are sorted, problems can build up – unpaid bills, interest on debts, and uncertainty for beneficiaries.
How to avoid it:
You don’t need to rush – but it’s best not to put things off indefinitely. Once you have the death certificate, start gathering paperwork and check whether there’s a Will. Speaking to a solicitor early can help you map out what needs to happen and in what order.
3. Struggling with paperwork and record-keeping
What goes wrong?
Executors need to keep detailed records of everything – from bank balances to house valuations, and from funeral costs to tax payments. Without good records, you might face difficult questions later from beneficiaries or HMRC.
How to avoid it:
Keep things organised from the start. Set up a file (physical or digital) for letters, bills, and bank statements. If it feels too much, a solicitor can manage the admin side of things and help ensure everything is properly documented.
4. Distributing money too early
What goes wrong?
Some executors, keen to do the right thing, start giving out money or possessions before the estate has been properly sorted. But if unexpected debts or legal claims appear later, they might have to try to claw those payments back.
How to avoid it:
Wait until the estate has been valued, debts have been settled, and (if necessary) Confirmation has been granted by the court. A solicitor will guide you on when it’s safe to start distributing assets and how to protect yourself from personal liability.
5. Forgetting about legal rights in Scotland
What goes wrong?
Even if someone leaves a Will, Scottish law gives certain family members (usually spouses or children) an automatic right to part of the estate. This is called “legal rights” – and ignoring them can cause serious issues.
How to avoid it:
Always check whether legal rights apply. A solicitor can explain how these rules work and help you deal with any claims fairly and lawfully. It’s especially important in blended families or where someone has left everything to one person.
6. Getting stuck with property and personal items
What goes wrong?
A house full of furniture, personal belongings, or valuable items can be overwhelming. Executors often aren’t sure what they’re allowed to do with everything – and disputes can arise over who gets what.
How to avoid it:
Make a careful inventory before removing or selling anything. If the Will mentions specific items, follow those wishes. If not, speak to the beneficiaries before making decisions. A solicitor can help with valuing assets and resolving disagreements fairly.
7. Trying to do everything alone
What goes wrong?
Some executors feel they have to manage everything themselves – even when the estate is complex, there are difficult family dynamics, or the paperwork becomes too much. This can lead to mistakes and unnecessary stress.
How to avoid it:
Remember, you don’t have to go through this on your own. Executors are entitled to ask a solicitor for help – whether that’s a bit of guidance or full administration of the estate. Legal fees are usually paid from the estate, not your own pocket.
Final Thoughts
No one expects you to be an expert in dealing with estates – and making the occasional mistake is completely normal. But with the right support, you can avoid serious pitfalls and carry out your role with confidence.
If you’ve been appointed as an executor – or you’re just not sure where to begin – we’re here to help. Our friendly team of solicitors can guide you through the process step by step, taking the pressure off you and making sure everything is handled properly.
Get in touch today for advice that’s tailored to your situation – whether you just want to talk things through or hand everything over. Please contact our experienced Private Client Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.
