Being a Deaf executor: what the role involves and what you can ask for

If you have been named as an executor and you are Deaf or hard of hearing, you may be wondering whether you can do the job, or whether being named was a kindness that will turn into a burden.

You can do it. The barriers are real, but they are practical rather than legal, and most of them can be dealt with in advance.

First, the legal position

Being Deaf has no bearing on whether you can be an executor. There is no requirement to be hearing. The only real requirements are that you are over 18 and have mental capacity.

If anyone suggests otherwise, they are wrong.

What the job actually involves

It helps to know the shape of it before deciding.

You find and value everything the person owned: property, bank accounts, pensions, investments, possessions. You identify and pay their debts. You apply for the grant of probate. You deal with HMRC if inheritance tax is due. You collect in the assets, sell what needs selling, and distribute what is left according to the will. You keep proper accounts.

For a straightforward estate, expect six to nine months of intermittent work. A more complicated one takes longer.

Executors can be held personally liable for getting it wrong, which is why most people instruct a professional to do the heavy lifting. That is normal, it is not an admission of defeat, and the cost comes out of the estate rather than your own pocket.

The barriers that actually come up

In our experience it is rarely the legal work. It is the telephone.

Estate administration involves a lot of organisations, and a great many of them still default to phone calls. Banks, pension providers, insurers, utility companies and local authorities all want to speak to you, often with security questions, often after a long hold.

The other recurring problems are appointments arranged by voice call, bereavement teams that have no accessible contact route, automated phone systems with no alternative, and the sheer volume of it landing while you are grieving.

None of this is a reason not to be an executor. It is a reason to set things up properly at the start.

What you are entitled to ask for

Banks, insurers, government departments and professional firms are all service providers under the Equality Act 2010, which means they have a duty to make reasonable adjustments. You do not have to be grateful for them and you should not be charged for them.

In practice that means you can ask for:

• A written or email channel instead of the phone. Most large organisations have one; it is often just not advertised.
• Relay UK, which lets you make phone calls through a relay assistant.
• A named contact who handles the whole matter rather than starting again with a new person each time.
• Everything confirmed in writing, including anything said in a meeting.
• A BSL interpreter for meetings, provided and paid for by the organisation.
• Extra time, without being rushed or having the meeting shortened.

If an organisation refuses, ask for its reasonable adjustments policy and its complaints procedure. That usually resolves it.

Practical steps worth taking early

Write to everyone rather than ringing. Set out at the start of each letter or email how you want to be contacted. Most organisations will comply once told.

Register a communication preference with the bank and any other major institution as soon as you contact them, so it follows the file.

Get a professional to do the administration. An executor can instruct a solicitor or probate specialist and pay them from the estate. You stay in charge of decisions; someone else handles the phone calls. This is the single most effective thing a Deaf executor can do, and it is what most hearing executors do as well.

Keep a written record of every conversation and decision, which is good practice for any executor and doubly useful if you are relying on written channels anyway.

If you are also a beneficiary

This is common and entirely allowed. An executor can inherit under the will.

It is worth knowing that it can create friction with other beneficiaries, not because anything improper is happening, but because decisions about timing and money can be read the wrong way. Our guide on professional trustees and executors explains when bringing in a neutral professional is worth it.

Note the separate and stricter rule about witnesses: a witness to a will, or the spouse or civil partner of a witness, cannot inherit under it. That trips people up and is covered in our guide on whether a BSL interpreter can witness a will.

If you are choosing an executor and they are Deaf

Name them if they are the right person. Then do two things that would help any executor and help a Deaf one more.

Tell them now, so they are not finding out at the worst moment. And leave a clear note of where everything is: the will, the account details, the pension providers, the insurance policies. A well-organised estate reduces the number of organisations your executor has to chase, which is the part that causes the difficulty.

Consider naming a professional alongside them, or making a professional the substitute. That is not a lack of confidence; it is sensible planning.

If you would like help

We can act as professional executor or trustee, from £895, and our in-house BSL interpreter can join any meeting, including ongoing trustee meetings years later, at no extra cost.

You can read about our Deaf and BSL service, see the fees, or get in touch. If you are making a will and thinking about who to appoint, that is exactly the sort of thing the first conversation is for.

This article is general information, not legal advice, and figures and rules can change. For guidance on your own situation, please get in touch.