No Executors Named in Will – What Happens

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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 homemade Wills to have no executors’ names in them!Surprisingly, the Will – unless there are other issues – is valid, despite having no executors named in it. So, who is entitled to act as executor (or in this case, administrator) of the Will?If the deceased left a will, but there are no executors named or (if named) 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.

A Will with no executors named!
There is an order for 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, the person entitled to be appointed as administrator is determined by the intestacy rules. The intestacy rules are a set of laws that set out who inherits a person’s estate if they die without a will.  This often means that several people are equally entitled to apply, and this alone can cause a few issues. There are further notes on the order below. They will apply as “administrators with Will annexed.” As mentioned elsewhere, being the eldest son or daughter of several does NOT give you any precedence or financial advantage.So a Will with no executors is not necessarily a disaster. But such a basic mistake may mean there are other problems.  Call us as professional advice is probably needed! 03300 10230.

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Who deals with the Will if it does not appoint any executors?

The first person who is entitled to be appointed as administrator is the legal spouse of the deceased. If the deceased does not have a spouse, then the next people entitled is the children of the deceased: they are all equally entitled, seniority is not relevant. If the deceased does not have any children, then the next personw entitled are the parents of the deceased if alive.

If no one is entitled to be appointed as administrator under the intestacy rules, then the court will appoint an administrator. The court will usually appoint the person who is most likely to be able to administer the estate efficiently and in the best interests of the beneficiaries.

The administrator has the same powers and duties as an executor. They are responsible for collecting the assets of the estate, paying the debts and taxes, and distributing the assets to the beneficiaries.

If the administrator does not distribute the estate within a reasonable time, they can be held personally liable for the costs of the estate.

Here are some of the things that an administrator may need to do:

  • Gather all of the deceased’s assets and debts.
  • Pay the deceased’s debts, including funeral expenses.
  • File the deceased’s tax returns.
  • Distribute the deceased’s assets to the beneficiaries.
  • Keep accurate records of all of their actions.
  • For a more detailed look at the adminsitrators duties CLICK.

If you are appointed as an administrator, it is important to ensure that you are fulfilling your duties correctly. Here at the Probate Department (brokers) we have contacts who can help at pretty modest costs – contact us.

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