How many Executors should you appoint?

“More than one” would be the advice of the Wills specialists at Fraser Dawbarns.

Choosing your executors is an important part of making a Will. They will be responsible for dealing with your affairs after your death and administering your estate as set out in your Will.

Many people appoint one or more relatives or close friends to act as executors.  Others prefer to appoint a professional, such as a solicitor, especially in circumstances when there could be arguments between family members. Occasionally people who haven’t taken legal advice appoint only one executor and fail to appoint replacement executors. This can be risky if the sole executor dies at any point before completing the estate administration.

If the sole Executor dies before Probate has been granted

If the person making the Will (known as the ‘testator’) outlives their chosen executor, then someone else will need to administer the estate in line with the terms of the Will. If replacement executors have been appointed, then this responsibility will fall to them.

If all named executors have died there is an official legal hierarchy of who is entitled to administer the estate.

In most cases, the beneficiaries who are receiving the largest proportion of the residuary estate would be entitled to act as ‘administrator’. If more than one residuary beneficiary is entitled to an equal share of the estate, they would all have equal entitlement to act.

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No more than four people can act as executors during the administration process even if there are more than four named beneficiaries with equal entitlements. The most obvious source of problems here is if the person who dies has more than four children who are to inherit in equal shares.

If the sole Executor dies after Probate has been obtained

The Grant of Probate is the document that gives executors authority to administer the deceased’s estate. If this has already been issued by the Court but the named executor then dies, what happens next will depend on whether they have made their own Will.  If they have, then the first executor’s executors will find themselves in control of dealing with both estates. This falls under something called the ‘chain of representation’ and may not sit at all comfortably with other family members.

If the executor who died did not leave a Will, no chain of representation can be established so the official legal hierarchy comes into effect. This means that it is likely that the beneficiary or beneficiaries who are receiving the largest proportion of estate will have the right to deal with the original estate. The rules of intestacy will decide who deals with the estate of the deceased executor.

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The message from this is clear.  If you are making a Will for the first time, choose between two and four executors.  If you have already made one with a single executor, consider what would happen if he/she died before you, or shortly after you but before administering your estate, and decide whether you should change your arrangements.  If you would like to discuss your specific circumstances, please contact us.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.