Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

What happens if executor of a will is deceased?

7 replies

useruserna · 10/03/2024 00:07

Just that really - what happens if there are no living executors for a will - do the beneficiaries decide who to appoint?

OP posts:
Rainydayinlondon · 10/03/2024 00:25

IF the executor were still alive they would apply for a Grant of Probate. Because the executor has died, then the application is called "Letters of Administration with Will Annexed" (as opposed to Probate. Basically they are the same thing) There is a strict hierarchy of people who will apply to administer the Estate. The highest in the pecking order is the trustee of the residuary estate and if there is no such trustee then it will be the person/beneficiary entitled to the residuary estate, not just any beneficiary. You need to check the Will carefully to see if any Trustee was appointed and if not then who the residuary estate goes to.
That person would make the application on form PA1P
https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will

Apply for probate by post if there is a will: Form PA1P

Use this form to apply for probate by post either as an executor named in the will of someone who's died, or as a beneficiary if there are no executors.

https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will

Japanesejazz · 10/03/2024 00:36

Grant de bonis non

Rainydayinlondon · 10/03/2024 11:14

Isn’t that when the executor dies after the testator?

redastherose · 10/03/2024 12:32

Did the testator die before or after the last surviving executor? If the executor died last and already had a grant of probate for three testator then that executors executor could step in and deal with the estate. If no one has a grant then you can follow the process to apply for letters of administration.

useruserna · 10/03/2024 19:20

redastherose · 10/03/2024 12:32

Did the testator die before or after the last surviving executor? If the executor died last and already had a grant of probate for three testator then that executors executor could step in and deal with the estate. If no one has a grant then you can follow the process to apply for letters of administration.

Sorry not up on all the language (will be reading the links already supplied), but all executors died well before person who made the will - no grants of probate etc applied for - the person who made the will just didn't update it to reflect the fact that there were no living executors. Will leaves 50% of their estate to one person and 25% each to 2 other people, none of whom are relatives to the deceased.

OP posts:
TrishTrix · 10/03/2024 19:39

We're facing this situation as my aunt is dragging her heels about making a new will.

My brother (former solicitor, not family law) is predicting a shit show.
We're in Scotland. He thought it might be easier in England as we were all executors for the people (now dead) she appointed as executors in her 1980s will.

She and my Uncle actually went and did power of attorney documentation fairly recently as his dementia was incoming but she is such an admin disaster she declined to re-do the wills at that point. She didn't tell us they'd only done PoA

In case this sounds over invested stuff like this has been discussed in our close family a lot as everyone in the generation above her and her generation has died in the past 7 years. As a family we've done a lot of death. Some estates were much easier than others due to decent forward planning. She knows all this.

My father, now deceased, knowing what she was like specifically spoke to her about it before he died as he knew we would be landed with her affairs as he wasn't going to be around (she doesn't have kids).

Therefore it was something of a surprise when we discovered about six months ago that my Uncle's will is from the 1980s, and then she dropped the bombshell that hers is too and they didn't think it was important to update them despite our lovely family solicitor advising her when they did PoA that they should. My sister wasn't even born when her will was made. We've told my aunt we don't care if she leaves it all to the donkey sanctuary but would really appreciate if she makes a new will as it will save us a lot of hassle.

Despite all this she hasn't done us despite making my brother email her his list of family law recommendations about six times as lovely (endlessly patient) family solicitor has now retired. ARRRRGGGHHHHH.

redastherose · 11/03/2024 20:47

@useruserna you will need to apply for Letters of Administration then. If you are a relative and are willing to do it you can complete the application and apply to administer the Estate and distribute it in accordance with the will.

New posts on this thread. Refresh page
Swipe left for the next trending thread