Executor Dies - Who takes responsibility?

dee47

Hi

If the executor has passed away and they did not appoint another person, who then takes responsibilty?

This has happend in my case, and executor passed away, he has a daughter and wife?

Keep_pedalling

Either the nearest relative of the deceased or one of the major beneficiaries.

lincroft1710

The Non-Contentious Probate Rules 1987 sets out what should happen following the death of a sole executor where it was not possible to make another will

poppystar

How is nearest relative decided in a case where there are no children and no live parents or siblings? This would leave uncles, aunts and cousins possibly but then does it go on age as to who is nearest or do they all have equal status and anyone of them can do it? 

Sea_Shell

Do the same rules apply if an executor dies mid-administration?

Would a new appointee become legally responsible for any errors the deceased executor may have already made in handling the estate?

Keep_pedalling

Sea_Shell said:

Do the same rules apply if an executor dies mid-administration?

Would a new appointee become legally responsible for any errors the deceased executor may have already made in handling the estate?

The executors, executor I think.

Choirgrl

There is information here about what happens if the named Executor dies, covering a number of different points in the process where it might occur: https://www.thegazette.co.uk/all-notices/content/103585

Interesting question about whether one Executor could be held liable for the previous one. I would assume they wouldn’t be, but would be expected to take corrective action as far as they were able. But I don’t know for sure.

Choirgrl

comperinha said:

What happens if you appoint an executor who refuses to do it? It then falls to a living relative? What if they refuse to do it? At what point does the state get involved in executing a will?

The Non-Contentious Probate RuleS 1987 give an order of priority for who can apply for a Grant for a Will. After the name Executor there are various classes of beneficiaries and then, towards the end, creditors. Unless the Estate has too little in it to make it worth a one’s while to administer, the chances are someone will step in so they get their money.

p00hsticks

comperinha said:

What happens if you appoint an executor who refuses to do it? It then falls to a living relative? What if they refuse to do it? At what point does the state get involved in executing a will?

I'm not sure the 'state ' ever would, if they know there's a will.

Presumably if the estate was actually worth something, then whoever is in line to benefit would want to pick up the reins (if they know, of course); if it's not then I suspect it would simply be left in limbo.

Marcon

comperinha said:

What happens if you appoint an executor who refuses to do it? It then falls to a living relative? What if they refuse to do it? At what point does the state get involved in executing a will?

See https://www.wrighthassall.co.uk/knowledge-base/removing-and-substituting-executors

The state doesn't get involved in executing a will; the estate remains 'unadministered' until such time as an executor has been appointed to do the job. It's usually a good idea to name more than one executor in a will to minimise the chances of such an event coming to pass, either because an executor chooses not to act, or dies before/during the administration of the estate. 

Sea_Shell

Where do "Heir Hunters" come in?    How do they find estates that have been left unadministered?

I guess they're only interested in estates above a certain level - don't know what their "floor" value would be?

Do they effectively administer "executorless" estates ?  Be they intestate or without willing/living executor.