26 Feb 2015

A question about : 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!!

Best answers:

  • I believe the other two just take over.
  • 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.
  • 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.
  • 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.
  • 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)?
  • 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!
  • 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.
  • 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
  • The whole idea of having two or more executors is to cover the situation of one or more of the executors dying before the will maker has died. dragon1234 your father is the only living executor named in the will and it will be his duty alone (if he accepts it) to execute the will. The uncle's widow has no rights.
    The directions of the will have to be carried out to the letter, so can you explain further what is meant by " she knows that if my dad is the only executor that the will is likely to go more in his favour?"
  • [QUOTE=dragon1234;52670831]
    There has been disagreement over a number of points, primarily about property. Firstly, there is a house which my uncle thought had been given to him a few years ago, however the deeds were never changed to his name and the will said that it should come to my dad. [quote]
    This is quite clear cut, the property is your fathers, it is clearly left to him in the will. I see no reason why you cannot change ownership now.
    Quote:
  • NAR is right, your inheritance could ultimately be reduced to a pile of worthless paperwork.
    If his widow shows signs of continuing to contest it may be cheaper to point out to her that the estate will have to sell the land to pay the legal bills and you should all consider compromising, maybe she would be satisfied with a life interest in the land so that it reverts to your sister and yourself when she dies?
  • Hi all, I have a quick follow up question, any advice appreciated...
    Property was left to my father in my grandfathers will. However many years before his death, my grandfather gave the deeds to the property to my uncle so that he could borrow money from the bank, using the property as security.
    We have requested the deeds back from my uncle (who recently passed away, his wife is administering his affairs) however they claim to have lost the documents. We think that they might still be borrowing money against the deeds, and that this might be why they can't give us the deed papers - because they are held by the bank.
    My question - how can we find out if they are still using the property deeds as security against a loan?
  • Don't know for sure but I think if you start the process of registering the house at the Land Registry, saying that the deeds are lost which is what you have been told, any debts against the property will soon be flagged up.
    I think you do need legal advice in difficult cases like this.
  • There is a possibility that if there was a secured loan then the lender has those deeds rather than the family.
    If the property is registered (probably not in this case) then any secured borrowing would be on the title. Unregistered land - you can do a Land Charges search (I don't know if you can do this yourselves but check out the Land Registry website) to see if there is anything recorded against the names of owners or your uncle and aunt at the property.
    If you apply for first registration on the basis of lost deeds that might unearth things, but you'd need to do those searches anyway. You'll also need to swear declarations regarding the ownership of the property so you will need to get legal advice to get the registration prepared.
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