Stephanie Rendell, Associate Solicitor and Head of the RNG Lawyers Wills & Estates department, explains what to do if an Executor has died.
If one of the Executors nominated in your Will dies during your lifetime, it is a good idea to review your estate planning and consider whether any amendments are required.
The position is different if an Executor dies after the death of the Willmaker. The procedure involved will depend on the circumstances. Some of the important factors that will determine the appropriate procedure include:-
Whether the deceased Executor was appointed as the sole Executor or jointly with other Executors/Alternate Executors;
Whether the Executor obtained a Grant of Probate for the Willmaker before they then themselves passed away;
Whether the deceased Executor has themselves made a Will; and
How far long the Estate administration process was at the time the Executor then died.
RNG Lawyers has experience in making applications for unusual Grants, including Grants of Administration where the Executor has died. We also have experience in Trustee Act 1958 matters, seeking the appointment of new Trustees including in the case of older Estates where the Executor may have died many years after the Willmaker but before the estate was finalised.
If one of your Executors has died, we strongly recommend that you make an appointment to see RNG Lawyers to discuss your estate planning It is not unusual for an Executor of a Will to also be a Beneficiary, so it is important to consider whether you wish to also change the distribution of your Estate in your Will.
If you have an interest in an existing Estate of a deceased person and the Executor/Trustee for that Estate has died, we also recommend that you contact RNG Lawyers to discuss your options, particularly if you are a Beneficiary of that Estate.