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What Happens if an Executor Dies?
4 June, 2024 3 minutes reading time
The unexpected death of an executor can introduce a significant level of stress and emotional burden into the probate process, particularly during an already emotionally challenging time. However, what happens if an executor dies, including when the death occurs, can significantly impact how the estate is managed moving forward.
Understanding the Administration of Estates Act 1925
The Administration of Estates Act 1925 (AEA 1925) is the legal foundation of estate administration in England and Wales. It outlines the procedures for asset distribution, appointing personal representatives (executors or administrators), and settling debts and taxes. Crucially, the AEA 1925 also addresses the legal steps to take if an executor dies, including appointing administrators, following the chain of representation, and distributing assets when an executor cannot fulfil their role.
Example 1: Executor Dies Before the Will-Maker
If the executor passes away before the person who made the Will (the testator), the following steps depend on whether an alternate executor was named:
- An alternate executor is named. The alternate seamlessly assumes the role, ensuring a smooth continuation of the probate process.
- No alternate executor is named. If there is no alternate and the sole executor passes away, a beneficiary can apply to the court to appoint an administrator. While this ensures the estate is handled according to the testator’s wishes, it’s important to note that the process can be time-consuming and may cause significant delays, underscoring the need for proactive estate planning.
Example 2: Executor Dies After the Will-Maker, But Before Probate Is Granted
In this example, probate, the legal process of validating a Will and granting authority to the executor, has yet to begin.
- There is a sole executor. As in the previous example, if the sole executor dies, a beneficiary must apply to the court for an administrator.
- There are multiple executors: The surviving executor(s) can continue the probate process and estate administration without interruption.
Example 3: Executor Dies After the Will-Maker and After Probate Is Granted
With probate granted, the executor holds legal authority over the estate. However, their death at this stage can lead to complications.
- Sole executor. If the deceased executor left a will, a “chain of representation” may be employed, allowing the executor named in their will to step in. Otherwise, an administrator must be appointed.
- Multiple executors. The remaining executors continue administering the estate as initially planned.
Our Advice
Planning is key! While the law provides solutions when an executor dies, proactive planning can save time and avoid potential disputes. Naming multiple executors in your Will creates a backup plan, ensuring the process can continue if one cannot act.
Regularly reviewing your Will is not just a task but a responsibility. Life circumstances change, and it’s crucial to ensure your Will remains updated, including confirming the named executors are still willing and able to serve.
If you’re considering making or amending a Will, our specialist lawyers can help. They have many years of experience advising clients on Wills, trusts, and probate matters. Please contact us for further information or advice on this or any other related issue. We’re here to help.
Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.