The chain of representation
The chain of representation

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • The chain of representation
  • Where one of several executors dies
  • A sole or sole surviving executor dies
  • How the chain might break
  • Where the chain of representation is broken
  • Administrators
  • A grant of administration
  • de bonis non
  • Power reserved

Where one of several executors dies

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.

A sole or sole surviving executor dies

On the death of a sole executor or a sole surviving executor where the estate administration is incomplete and