An executor is someone named in a will as responsible for sorting out the estate of the person who’s died.
The person who died will normally have told you if you’re an executor. You’ll need the original will to apply for probate.
If you cannot find the original will, you’ll need to fill in a lost will form.
If there’s more than one will, only the most recent will is valid. Do not destroy any copies of earlier wills until you’ve received probate.
An executor only receives assets if they’re also named as a beneficiary.
The person who died should have told all the executors where to find the original will and any updates, for example:
at their house
with their solicitor
With a will service such as the National Register
If you cannot find the original will, you’ll need to fill in a lost will form.
If there’s more than one will, only the most recent will is valid. Do not destroy any copies of earlier wills until you’ve received probate.
An executor only receives assets if they’re also named as a beneficiary.
If there’s more than one executor
If more than one person is named as an executor, you must all agree who makes the application for probate.
Up to 4 executors can be named on the application.
If only one executor is named on the application they’ll need to prove that they tried to contact all executors named in the will before they applied.
If you do not want to or cannot be an executor
The will may name a replacement executor for someone who becomes ‘unwilling or unable’ to deal with the estate.
If no executors are willing or able to apply for probate, tell us and we can assist you with the next steps.
You do not want to be an executor
You can do one of the following:
completely give up your right to apply for probate (‘renunciation’) - we can provide you a document to give up executor rights
reserve your right to apply for probate later if another executor cannot deal with the estate (holding ‘power reserved’)
appoint an attorney to act on your behalf - fill in an attorney form or set up a signed enduring power of attorney (EPA) or registered lasting power of attorney (LPA) and send it with the probate application
When an executor is unable to apply for probate
A replacement executor should apply for probate if the executor is unable to, for example because:
they’ve died
they do not have ‘mental capacity’ - get a doctor to fill in a mental capacity form and send it with the probate application
Walsh West Estates and Probate lawyers can help - contact us anytime and we will assist you.
For legal and probate advice call our team on 0203 488 7503, 01992 236 110
or contact us by email at legal@walshwestlaw.com
or via our website www.walshwestcca.com
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