Executor dies

jos28

What happens if you are named as executor in someone's will and you pop your clogs. Does the mantle pass to your next of kin or does the person have to make a new will ? What if said person is no longer in a fit state of mind to make a new will.

johnnyskeleton

If there are other executors, they can carry on without the deceased executor.

It does not pass down to the deceased executor's next-of-kin.

The testator does not have to make a new will, although it would be prudent to do so. A lot of the time making a new will is not an option (e.g. because the testator is already deceased or unfit to make a new will).

So, if a testator dies leaving a will with no executors named, or with executors who are not available to execute the will, then the High Court has the power to appoint another personal representative (i.e. an administrator). The administrator has pretty much all the functions of an executor.

Victor

Of course, can't one pre-empt this situation by saying:

"I am nominating X,Y & Z as executors and in the event of them being unwilling or unable to act as executor, I nominate A, B and C.