When No Executors Named in Will
I was a bit surprised to get this question, but on speaking to colleagues it turns out that it is quite common with home-made Wills!
The Will is valid, despite having no executor!
If the deceased left a will, but there are no executors willing or able to administer the estate, someone else must step forward. This could be because:
- There are no executors named in the will.
- There are executors named in the will but, because the will is badly written, their appointment is not valid.
- The executors died before the deceased.
- The executors renounced.
- The executors are incapable of managing their affairs.
There is an order of who can apply. After executors, the first person entitled to administer the estate is an attorney appointed by an executor to apply for the grant on his or her behalf.
In the absence of such an attorney, next in line are the residuary beneficiaries of the will. And so it goes on. . . .
So a Will with no executors is not necessarily a disaster.