What if an Executor loses capacity?

Choosing Executors in your Will is an important decision. They are the people who will be legally appointed to deal with your estate after you’ve passed away. Their role includes obtaining the relevant information on all assets and liabilities, paying bills and taxes, and making sure your beneficiaries receive their inheritance.

However, life is unpredictable. Sometimes an Executor might lose mental capacity, perhaps due to illness, accident, or age, and no longer be able to take up this role. So, what happens then?

If it happens before the estate is dealt with

If your Executor loses capacity before you have died, then the other Executors can still carry on with the role. If no other Executors are named, then the main beneficiaries can apply to deal with the estate instead.

If it happens after things have already started

Sometimes, an Executor may have started dealing with the estate and then lose capacity later on.

In this situation their own Attorneys appointed under a Lasting Power of Attorney, can’t take over for them.

Instead, the Probate Registry can issue a special document called a Grant de Bonis Non, which allows another suitable person to step in and finish the job.

How to plan ahead when making a Will

When you’re choosing Executors, it’s a good idea to name at least two Executors, keeping in mind their age and whether they will be able to work with each other.

Review your Will regularly, particularly if your Executors are elderly or have health issues.

Check in with your Executors and make sure that they still want to be named in your Will.

Contact our Private Client team at Owen Kenny on 01243 532777 or email info@owenkenny.co.uk with your enquiry.

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