The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
Section 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to the executor appointed by the testator. The executor cannot assign or transfer their office to anyone else.
If a person dies after the testator but before taking out a grant, then their rights in respect of executorship die with them.
If a person dies after the testator, after taking out a grant, and the estate administration is incomplete, then the surviving executors continue to act.
Note: if a sole executor is left, the court may appoint an additional executor.
On the death of a sole executor or a sole surviving executor where the estate administration is incomplete and there is an unbroken chain of executorships, the appointment of new executors is automatic: no further formalities are required.
Note: the chain of representation passes from proving executor to proving executor.
The chain of representation is broken where there is no succession of executors, ie by:
an intestacy (the sole or last surviving executor dy
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234