Executor Identity

[rareece]

Who becomes the executor of a will if the named executor predeceases the testator?

[murraymints]

Surely if you know your executor has popped, then you appoint another one by way of a codicil to your original will ?

[rareece]

What if the testator dies without appointing another executor?

[murraymints]

then next of kin apply for confirmation through the courts to appoint themselves executor..but you do need original will for this..lawyer will give it up if you are next of kin...it takes about 3 weeks to do and cost something in the region of £500 to do..I did it for my father in law here in Scotland a few years ago... his old sols were executors but it was not known by anyone they had passed before FIL

[Buenchico]

A well-drafted will should, in my opinion (as someone who used to draft them for a living) always name one or more 'reserve executors', so the problem of who should apply for probate (if an executor is deceased or elects not to take on the task) simply shouldn't arise.

However, when there are no designated reserve executors, the procedure explained by Murraymints will apply.

Chris

[Barmaid]

Not quite!

In english law if the executor is unwilling to or unable (through having predeceased) for example to act and there are no substitute executors, the Non Contentious probate Rules 1987 sets out the order of priority as to who may apply for the Grant of Letters of administration with will annexed (confirmation is scottish). The first person is the trustee of a residuary bequest, then a residuary beneficiary, then the personal representative of a residuary beneficiary and so on.

You simply get the original will from wherever it is kept, fill in the inland revenue account and then swear an oath at the probate registry saying the original executor has died.

The "next of kin" do not get a look in if they are not entitled in terms of priority under the Will.

[dzug2]

Don't see why it costs anywhere near £500 though - unless you get a lawyer to do it.