I've Been Named Executor of a British Will — But I Live Overseas

Being named as an executor in a British Will is a position of trust — but when you live in Canada, the United States, or elsewhere overseas, it can also feel like a logistical challenge. The good news is that you do not need to be in Britain to carry out your duties. The process can be managed from abroad, provided you understand what is involved and have the right support.

What Does an Executor Do?

An executor is the person named in a Will to administer the deceased's estate. In England and Wales, the core responsibilities include:

• Locating the Will and confirming its validity
• Identifying and valuing the deceased's assets and liabilities
• Applying for a grant of probate (if required)
• Completing any inheritance tax returns and paying tax due
• Gathering in the assets and settling debts
• Distributing the estate to the beneficiaries in accordance with the Will

Executors are personally liable for the proper administration of the estate. This means the role should be taken seriously — but it also means you are entitled to seek professional help.

The Practical Challenges of Being an Overseas Executor

Living overseas introduces several practical considerations:

Signing Documents

Certain steps in the probate process require the executor to swear or sign documents. From overseas, this is typically done before a notary public or commissioner for oaths in your country of residence. The documents then need to be sent to the Probate Registry in England and Wales.

Dealing With British Institutions

British banks, pension providers, HM Revenue & Customs, and the Land Registry each have their own processes. Communicating with them across time zones and from a different country can be slow and frustrating without someone in Britain or familiar with the British system to coordinate matters on your behalf.

Property in England or Wales

If the estate includes a property, decisions need to be made about whether to sell, let, or transfer it. Managing a property sale from overseas — instructing an estate agent, conveyancing solicitor, and dealing with the practicalities — is one of the areas where overseas executors most commonly need assistance.

Inheritance Tax

British inheritance tax may be payable on the estate. The rules are detailed, and as executor you are responsible for ensuring the correct return is filed and any tax is paid. The interaction between British tax and the tax rules in your country of residence can also create considerations that need to be understood.

Can You Renounce?

If you do not wish to act as executor, you may be able to renounce the role, provided you have not already begun dealing with the estate. Alternatively, you can appoint a solicitor to handle the administration on your behalf — you remain the executor, but the solicitor carries out the practical work.

How the Process Works From Overseas

The key to acting as an overseas executor is having someone who can bridge the gap between you and the British legal system. A British solicitor can:

• Guide you through each step of the process
• Prepare and file the probate application on your behalf
• Deal with British banks, HMRC, and the Land Registry
• Coordinate property sales or transfers
• Handle inheritance tax returns and calculations
• Manage the distribution of the estate to beneficiaries

You remain the executor and retain decision-making authority, but the practical burden is shouldered by someone who understands the system and is working in the same time zone as you.

A British Solicitor in Calgary

Paul Martyn Lindsey LLB is a solicitor qualified in England and Wales, based in Calgary, Alberta. He regularly acts for executors and beneficiaries in Canada and the United States who are dealing with British estates. Because he is both British-qualified and locally based, he can manage the British probate process without the delays and complications of instructing a firm in Britain from overseas.

If you have been named as an executor of a British Will and live in North America, make an enquiry to discuss how Paul can help.