If there are no executors in a Will, the Will is still valid but another “entitled” person will need to be given the duty of handling the estate instead. When you make a Will, an executor will need to be named but there are instances where executors die or lose mental capacity and therefore cannot administer the estate. Who becomes the new executor is dependent on the situation and what has happened to the original executor.
An executor of a Will is someone who is appointed to handle the Will and distribute the assets within it to the rightful beneficiaries. The executor will usually follow the instructions that are mentioned in the Will as they are ultimately responsible for the deceased’s estate after they die.
If the executor dies before they have administered the Will, one of the beneficiaries named in the Will could take over this responsibility. If the executor has lost mental capacity, their deputy or power of attorney could become the new executor.
If an executor dies before the grant of probate has been made which gives them authority to administer an estate, then the Non-Contentious Probate Rules (NCPR) 1987 apply. These rules will confirm who is responsible for administering the estate depending on the circumstances.