Q&As

Is an executor, who is unaware of the testator’s death, under a duty to investigate whether the testator has died and is such an executor under any duties in respect of the administration of the estate?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on: 14 March 2019
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Section 24 of the Wills Act 1837 provides that a Will only speaks from death. It is therefore possible that an executor may not have been informed of their appointment by the testator or otherwise be aware of their appointment as an executor. There is no positive duty for an executor, who may or may not be aware of their appointment in the testator’s Will, to investigate whether a testator has died.

In common law and in equity as well as under section 1(1) of the Administration of Estates Act 1925 (AEA 1925), the testator’s real property automatically vests in all their executors at the point of death with personalty vesting in all their executors

Graham Stott
Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

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Jurisdiction(s):
United Kingdom
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Key definition:
Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

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