Executors Advice?

[TurkeysarenotjustforChristmas]

Can someone tell me what happens if the named executor(s) of a Will either develop dementia / lose capacity before the Will is read, or die before the Will is read?

Have an emerging situation which is currently hypothetical, but may end up being an issue in a few years time. With the person who's Will it is outliving their executors. Unfortunately they don't have capacity to ammend their Will so that isn't an option.

Thanks

If all executors are dead/without capacity the beneficiaries can apply for probate.
When doing the probate forms you have to say if each of the executors is alive. 2/3 for my dads will were dead and I had to declare I was the only executor living.

People can come forward and make an application to administer the will

there is no such thing as reading of will these days as people are mostly literate

Settling the estate would shift to the named beneficiaries.

there is no such thing as reading of will these days as people are mostly literate

Fair enough I wasn't entirely sure what else to call it when it is lodged with a solicitor.

...

Sounds like it should just be passed onto the beneficiaries then which should, in theory make things a lot easier.

lodged with a solicitor? are you saying that the will is stored at a solicitor?

Yes like pp beneficiaries would be the obvious people to apply to administer estate - they have to sign something to say who needs notifying in case of conflict of interest as I understand it

The beneficiaries who are still alive and have capacity either do it jointly or appoint one of them to take over.

There is something called The Non-Contentious Probate Rules 1987 which sets the rules for how probate works.

Rule 20 gives the order of people entitled to apply for probate if the executor/s have died. Basically, it's anyone who is a beneficiary of the residue of the estate followed by anybody who has received a specific gift.

The residue is what is left over after paying all the expenses and any specific gifts (eg I leave my 2nd best teapot to aunt Mable and my stamp collection to uncle Fred and the residue of my estate is left to ...)

The order of who can apply is:

1 A trustee of the residuary estate (if the residue is put into a trust for any reason).

2 A beneficiary of the residue (so that would exclude aunt Mable and uncle Fred above, unless they were also named as a beneficiary of the residue as well).

3 If a beneficiary has already died but is still entitled to inherit, then the personal representative of that person

4 a legatee (this would be aunt Mable and uncle Fred)

5 If aunt Mable or uncle Fred are already dead then their personal representative

https://www.legislation.gov.uk/uksi/1987/2024/rule/20/made

You would need to apply for a grant of "letters of administration with will annexed" and explain that the executor is dead or does not have capacity etc