what happens if an executor dies

Hi
Just wondered if anyone can tell me what would happen in the following scenario:
Person makes a will and has 3 named executors. One of the executors dies before the will maker does, and the will maker dies without changing the will, can the will still be executed by the remaining 2 executors, or does this cause problems?
Strange I know but there is a reason for asking!!
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Comments

  • hardpressed
    hardpressed Posts: 2,099
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    I believe the other two just take over.
  • fascinated
    fascinated Posts: 79 Forumite
    Hi busicoming2.

    Hardpressed is correct - in this scenario the other two Executors would be able to prove the Will without there being any problem.

    HTH.
  • Surfbabe
    Surfbabe Posts: 2,281
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    I agree with the previous two posters. If one executor dies that others take over and in fact as I understand it they can decide that only one does the job or that solicitors do.
  • moneypooh
    moneypooh Posts: 2,217
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    Executors can work individually or joint, of course they can also refuse to do it all. We looked at this recently along with EPAs (enduring power of attorney).
    It may be recommended that the will administrator/solicitor is also a named executor just in case. Of course their role can be limited by the will maker if the other executors are still around.
  • Hi
    wonder if someone could help, my wifes grandmother has just died leaving a will naming six (her six children) beneficiaries one of which was the only executor of the will unfortunately she died first and the will has never been changed so their is no live executor could someone please advise what happens in this scenario.
    many thanks in anticipation.
  • RAS
    RAS Posts: 32,539
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    Hi

    Get hold of the Probate Office on Monday. You will need to provide evidence of the death and will submit Letters of Administration (with will).

    This means that any one or more of the beneficiaries can adminster the estate and obtain probate.

    Are their any residuary beneficiaries (people who get whats left ionce the six children are paid)?
    The person who has not made a mistake, has made nothing
  • Hi, quick question,
    My grandfather died over three years ago, executors were two in number probate has been granted, there is also an ongoing contention with the will, not by my family.
    An executor recently died and the other one has appointed another, is he able to do this?
    I thought that once probate is served and parties who wrote the will have passed, this is then a done thing. He can seek advice but not elect another executor?

    any help would be appreciated, this is quite a nightmare at the moment!
  • Crabapple
    Crabapple Posts: 1,573 Forumite
    That does sound a bit odd. Normally the surviving Executor would carry on by themselves, producing the death certificate for the other to explain why just they are signing any documents.

    If it was before the Grant was issued then an Executor can appoint Attorney(s) to take out the Grant on their behalf.

    If it's contentious, there must be Solicitors involved and they will know the whole story. It's probably best to speak to them and find out the situation, especially if it is worrying your family.
    :heartpuls Daughter born January 2012 :heartpuls Son born February 2014 :heartpuls

    Slimming World ~ trying to get back on the wagon...
  • Hi,

    My dad and his brother were both named as executors in my grandmother and grandfathers wills - they have been disagreeing with the wills for a number of years. My uncle finally died this year. Does this leave my dad as the only executor and able to proceed with administering the will, or is my uncles role as an executor able to be passed on to somebody else?

    Thanks
  • Mojisola
    Mojisola Posts: 35,551
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    dragon1234 wrote: »
    My dad and his brother were both named as executors in my grandmother and grandfathers wills - they have been disagreeing with the wills for a number of years. My uncle finally died this year. Does this leave my dad as the only executor and able to proceed with administering the will, or is my uncles role as an executor able to be passed on to somebody else?

    Yes, he can continue as a lone executor.
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