No Executors Named in Will – What Happens UPDATED

What Happens if a Will Does Not Name an Executor?

A Will does not automatically become invalid simply because no executor has been named.

This mistake is particularly common with homemade or poorly drafted Wills. The gifts and other provisions in the Will may still be perfectly valid, but somebody else will need authority to administer the estate.

Instead of receiving a Grant of Probate as an executor, the person entitled to deal with the estate will normally apply for Letters of Administration with the Will Annexed.

Why might there be no executor able to act?

This situation can arise because:

• the Will does not name any executors;
• the executor appointment is ineffective or unclear;
• all the named executors died before the person who made the Will;
• the named executors have died since the death;
• the executors have formally renounced;
• the executors are unwilling to apply;
• an executor lacks the legal capacity to act; or
• another problem prevents the named executor from obtaining the grant.

If an executor simply does not want to do the work, there may be alternatives to permanently renouncing.

Read: Give Up as Executor – Renunciation, Power Reserved or Professional Help

Who can apply if there is no executor?

Where there is a valid Will but no executor applying, the person entitled to the grant is determined by a legal order of priority.

This is not necessarily the same order as the intestacy rules. The Will itself is important because people who benefit under the Will may have priority.

Broadly, after an executor, priority under the Non-Contentious Probate Rules starts with:

1. a residuary beneficiary who holds the residue on trust for somebody else;
2. another residuary beneficiary – normally someone entitled to the estate, or part of what is left of it, after the specific gifts and expenses have been dealt with;
3. in some circumstances, the personal representative of a deceased residuary beneficiary;
4. another beneficiary named in the Will or, in some circumstances, a creditor of the deceased; and
5. certain personal representatives of those people.

The precise order can become complicated, particularly where there are trusts, life interests, contingent gifts, several beneficiaries with equal entitlement, or part of the estate has not been effectively disposed of by the Will.

Official HM Courts & Tribunals Service guidance confirms that a beneficiary may apply where there is a Will but none of the executors are applying.

GOV.UK – applying where there is a Will

What are Letters of Administration with the Will Annexed?

This is the type of grant normally issued where there is a valid Will but no executor able or willing to obtain probate.

The Will is still followed.

The person appointed by the grant is called an administrator rather than an executor, but they administer the estate in accordance with the Will.

Once the grant has been issued, the administrator can deal with estate assets in much the same practical way as an executor who has obtained probate.

Does the administrator inherit the estate?

Not merely because they are the administrator.

The administrator’s job is to administer the estate. Who inherits is determined by the Will, not simply by who obtains the grant.

The administrator may also happen to be a beneficiary, and frequently will be, but the two roles are separate.

What if several beneficiaries are equally entitled to apply?

There may be more than one person with the same level of priority.

For example, a Will might leave the residuary estate equally between several children without appointing an effective executor.

Being the eldest son or daughter gives no automatic priority.

Where several people have equal entitlement, they may be able to agree who should apply. More complicated situations can require additional probate procedures or directions from the Probate Registry.

This is one of the occasions when taking advice early can avoid a relatively simple probate problem becoming a family dispute.

Does a Will with no executor named still work?

Potentially, yes.

Failure to appoint an executor does not by itself invalidate the rest of the Will.

However, if a professionally drafted Will would normally be expected to appoint executors and none are named, it is sensible to examine the document carefully.

The omission may simply be a drafting mistake, but it can sometimes indicate wider problems such as:

• unclear or incomplete wording;
• incorrect signing or witnessing;
• missing pages;
• uncertain beneficiaries;
• poorly drafted trusts;
• conflicting clauses; or
• questions about whether the document is in fact the deceased’s final valid Will.

What does the administrator have to do?

An administrator with the Will annexed takes responsibility for administering the estate.

This can include:

• identifying and valuing the deceased’s assets;
• identifying debts and liabilities;
• dealing with Inheritance Tax where necessary;
• applying for the grant;
• collecting estate assets;
• paying debts, expenses and taxes;
• dealing with property;
• keeping proper estate records and accounts; and
• distributing the estate to the beneficiaries in accordance with the Will.

Read more about the duties involved in administering an estate

What if there is no valid Will at all?

That is different.

If there is no valid Will, the estate is dealt with under the intestacy rules and the person entitled to apply for Letters of Administration is determined under the separate intestacy priority rules.

Read more about what happens when there is no valid Will

Do you need professional help?

A missing executor does not necessarily make the estate difficult, but it is worth establishing who has the legal right to apply before anybody starts administering the estate.

Professional help may be particularly worthwhile where:

• several people believe they have the right to apply;
• beneficiaries disagree;
• the Will contains trusts;
• the Will itself appears badly drafted;
• the estate is subject to Inheritance Tax;
• there is property to sell;
• an executor has died, renounced or lacks capacity; or
• there is any doubt about the validity or interpretation of the Will.

Questions, corrections or need help?

If you have a question about this page, spot something which needs correcting, or need help with a probate matter, please use our central contact page.

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This page relates to probate in England and Wales and provides general information. Entitlement to a grant can depend on the exact wording of the Will and the circumstances of the people involved.