02920 829 100 
When plans change: managing Executor and Beneficiary challenges in Wills
August 20, 2026
By Elliw Jones
Making a Will is about planning for the future, but it’s easy to assume that the people you’ve chosen to carry out your wishes will always be able to do so.
In reality, circumstances change. An executor may die, lose mental capacity or decide they no longer wish to act. A beneficiary may die before you, or even shortly after your death. While these situations are relatively uncommon, they can create delays, uncertainty and additional stress for the family members left to administer your estate.
The good news is that most of these issues can be avoided with careful planning. This guide explains what happens when executors or beneficiaries are no longer able to fulfil the roles set out in your Will, and the practical steps you can take to protect your estate.
What happens if your executor can no longer act?
An executor is responsible for administering your estate after your death, collecting your assets, settling any debts and distributing your estate in accordance with your Will. Choosing someone trustworthy and capable is therefore one of the most important decisions you make when preparing your Will.
However, life rarely stands still. If an executor dies before you, loses mental capacity or dies after your death but before probate has been obtained, the administration of your estate can become more complicated.
If another executor has been appointed in your Will, they can usually continue acting without difficulty. Problems are more likely to arise where only one executor has been appointed and there is no substitute named. In those circumstances, someone else will need to apply for the legal authority to administer your estate, which is often the beneficiary entitled to the largest share.
While the estate can usually still be administered, the process may take longer and create unnecessary complications at what is already a difficult time for your family.
What if an executor decides not to act?
Being appointed as an executor carries legal responsibilities, and not everyone feels able to take on the role. An executor can formally renounce their appointment, meaning they give up the legal right to administer the estate before becoming involved in the process. Similarly, if an executor has lost mental capacity, they will no longer be able to carry out their duties.
Again, where there is no alternative executor named in the Will, another appropriate person will usually need to step in and apply for authority to deal with the estate.
Although the law provides a solution, it may not be the solution you would have chosen had you reviewed your Will sooner.
Why appointing more than one executor can make all the difference
One of the simplest ways to reduce the risk of complications is to appoint more than one executor. Many people choose two executors, often alongside one or more substitute executors who can step in if required. Where possible, it can also be sensible to appoint someone younger who is more likely to outlive you.
Another option is to appoint a professional executor, such as a solicitor. Professional executors offer a number of advantages. They provide continuity, impartiality and experience, ensuring there is always someone available to administer the estate. They are also familiar with the legal and financial issues that can arise during probate and can help reduce the burden on family members who are grieving.
For more complex estates, blended families or situations where disagreements may arise, appointing a professional executor can also help minimise the risk of disputes.
What happens if a beneficiary dies before you?
A common concern when reviewing a Will is what happens if one of the people you intended to benefit dies before you.
The answer depends entirely on how your Will has been drafted.
If no alternative beneficiary has been named and the gift cannot pass under the terms of the Will, that part of your estate may instead be distributed under the rules of intestacy. These rules determine who inherits according to a strict legal order rather than your personal wishes.
In the rare situation where there are no surviving relatives entitled to inherit under the intestacy rules, the estate may ultimately pass to the Crown as bona vacantia.
Although this outcome is uncommon, it demonstrates why a carefully drafted Will should always consider what happens if circumstances change unexpectedly.
Building flexibility into your Will
A well-drafted Will anticipates the unexpected. One way of doing this is by naming substitute or “catastrophe” beneficiaries who would inherit only if your primary beneficiaries are no longer alive.
Another common approach is to include what is known as a per stirpes provision. This allows the children or further descendants of a beneficiary to inherit the share that their parent would have received, helping to ensure assets remain within the family.
These provisions are rarely the focus of someone’s instructions when making a Will, but they can make a significant difference to how smoothly an estate is administered many years later.
What if a beneficiary dies after you?
Sometimes a beneficiary survives the person who made the Will but dies before the estate has been fully administered.
In many cases, that beneficiary’s entitlement will instead pass to their own estate.
However, some wills include what is known as a survivorship clause, requiring a beneficiary to survive the person who made the will for a specified period before becoming entitled to inherit. Where such a clause applies, the gift may instead pass to another beneficiary in accordance with the terms of the Will. Whether a survivorship clause is appropriate depends on your personal circumstances and is something your solicitor can discuss with you when preparing your Will.
Reviewing your Will is just as important as making one
Making a Will should not be viewed as a one-off exercise. Over time, relationships change, families grow, people pass away and financial circumstances evolve. A Will that accurately reflected your wishes ten years ago may no longer achieve the outcome you intended today.
As a general guide, it is sensible to review your Will every few years and after any significant life event, including marriage, divorce, the birth of children or grandchildren, or the death of an executor or beneficiary. Regular reviews help ensure your Will continues to reflect your wishes and reduces the risk of avoidable complications for your family in the future.
How Darwin Gray can help
Our Wills and Probate team advises individuals and families across Wales on every aspect of estate planning.
Whether you are making your first Will, updating an existing one or reviewing whether your chosen executors and beneficiaries remain appropriate, our experienced solicitors can provide practical, tailored advice that reflects your circumstances. Taking the time to review your Will today can provide certainty for the people who matter most tomorrow.
To speak to a member of our team, please get in touch using our contact form or via 02920 829 100 to see how we can help you or your business.
Frequently asked questions
What happens if my executor dies before me?
If your Will names another executor or substitute executor, they can usually take over. If no replacement has been appointed, someone else, often the main beneficiary, may need to apply for authority to administer your estate.
Can an executor refuse to act?
Yes. An executor can formally renounce their appointment before taking on the role. If there is no other executor named, someone else will usually need to apply to administer the estate.
What happens if a beneficiary dies before I do?
That depends on the wording of your Will. If no alternative arrangements have been made, some or all of your estate may be distributed under the rules of intestacy. A professionally drafted Will can include substitute beneficiaries or other provisions to avoid this outcome.
Should I appoint more than one executor?
In many cases, yes. Appointing two executors, along with substitute executors where appropriate, helps reduce the risk of delays if one person is unable or unwilling to act in the future.
How often should I review my Will?
It is good practice to review your Will every few years and whenever your personal or financial circumstances change, including after marriage, divorce, the birth of children or grandchildren, or the death of an executor or beneficiary.
*General guidance from the Wills and Probate team at Darwin Gray LLP. This article is for information only and is not legal advice. For advice on your own circumstances, please contact our team.*
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
