What happens if I wrote a Will but ALL my Executors including substitute Executors are unable to act?

If you die leaving a Will but every of your appointed Executors (including substitutes) are unable to act be it they are either dead, bankrupt or simply refused to act, it does not mean that your written Will is all for nothing.

Your Will will still be respected but the probate process will be a little different. Instead of having your appointed Executor apply for a  Grant of Probate, the court will allow for the Letters of Administration with the Will annexed to be granted to such person(s) that the court deems the fittest to administer the estate. This could be a beneficiary or creditor.

More information can be found in the Probate and Administration Act, section 13

It is good practice to update your Will when you know that any of your Executors or substitute Executors have died or that they can no longer act (e.g. bankrupt or lose mental capacity).

Did this answer your question? Thanks for the feedback There was a problem submitting your feedback. Please try again later.

Still need help? Contact Us Contact Us