If one of your Executors has already passed away in your lifetime, you should review your Will to replace them with another Executor and think about whether their death affects any other provisions in your Will, for example were they also a beneficiary?
What happens if I still have a surviving Executor?
If, despite the death of an Executor in your lifetime, you still have at least one other surviving Executor then they can still act in the administration of your estate provided that they are still alive at your death and able and willing to act.
However it might be beneficial, in case the surviving Executor also dies before you or is unable or unwilling to act when the time comes, to replace the deceased Executor now to ensure that there is someone able to act later.
You should also bear in mind that if your Will creates a trust then it might be necessary to have at least two Executors who can also act as Trustees of the trust. If there is only one surviving Executor at the time of your death, then the surviving Executor may need to appoint a second Trustee themselves, and this might not be someone who you would have chosen.
What happens if I have appointed replacement Executors?
If you have appointed replacement Executors in your Will then you may not need to update it, as the replacements can step in to replace the Executor who has died in your lifetime.
What happens if I do not have any surviving Executors?
If you have no surviving Executors, then you should make a new Will to appoint new Executors.
If you were to pass away without having any surviving Executors, then a beneficiary of your estate would need to apply to be an Administrator instead. There might be some disagreements as to which beneficiary should take on the role and the application for their appointment can be quite time consuming.
If you have any queries about preparing your Will then please do not hesitate to contact me via telephone on 01283 214 231 or via email at s.wildsmith@timms-law.com.
