What happens if no executor is named in a Will?

What happens if no executor is named in a Will?

When a Will exists but there's no designated executor, or the appointed executors are unavailable due to death or incapacity, the process of estate administration is different. 

The Will remains legally valid even if there are no named executors. However, someone must step forward to handle the estate's affairs. In such cases, individuals entitled under the intestacy rules can be appointed as the estate's administrator. To do so, they must apply for a 'Grant of Letters of Administration with the Will', granting them legal authority to manage the estate. However, their actions must align with the wishes outlined in the Will.

If no one steps forward to assume the role of administrator voluntarily, the court may intervene and select someone. However, this individual has the right to decline the responsibility. Acting as an administrator involves significant duties, including asset gathering, management, and distribution. Administrators assume personal financial liability if errors occur during the estate administration process.

In cases where the named executor cannot be located, it's crucial not to leave the estate unattended. In such instances, an application must be made to the court under Section 116 of the Senior Courts Act 1981. This application bypasses the named executor, and the court evaluates whether passing over the appointed executor is necessary. If disputes arise, the court may appoint an independent administrator to oversee the estate's administration and resolve any conflicts that may arise.

What happens to a Will if an executor dies?

When an executor named in a Will passes away before the testator, other named executors are typically expected to step in and fulfil the responsibilities of administering the estate. However, if the testator designated only one executor and that individual has died, it's advisable for the testator to consider drafting a new Will. If the testator has already passed away and cannot amend the Will, the next course of action depends on the timing of the executor's death.

In cases where the executor dies while the deceased's estate is undergoing administration during the collection and distribution of assets to beneficiaries the absence of other executors means that you will need to refer to the deceased executor's own Will. The executors named in the deceased executor's Will are then entrusted with the responsibility of administering both estates, creating what is termed the "chain of representation."

However, if the estate administration process has already commenced, meaning the executor has applied for probate to authorise asset gathering and distribution, the new executor must revoke the original grant of probate and submit a fresh application to get the authority to administer the estate instead.

In situations where the original executor left no Will, the Non-Contentious Probate Rules (NCPR) 1987 come into play. These rules dictate who is eligible to administer the estate, which could potentially include the beneficiaries themselves taking on the responsibility. 

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent Wills and probate advice. If you would like further help on your Will, please don’t hesitate to speak to one of our expert probate lawyers today. Complete our enquiry form.