When plans change: managing Executor and Beneficiary challenges in Wills

July 21, 2025

When plans change: managing Executor and Beneficiary challenges in Wills

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By Elliw Jones

When preparing a Will, most people assume that their chosen Executors and Beneficiaries will still be around—and willing—to carry out their roles when the time comes. However, life is unpredictable, and circumstances can change.

Executors may pass away, become unwilling or unable to act, or formally renounce their role. In some cases, all of the named Beneficiaries may have died before the person who made the Will.

These situations can complicate the administration of an estate and cause unnecessary stress for surviving family members.

In this article, our Wills and Probate expert, Elliw explores what happens in these scenarios and how careful planning can help mitigate the risks.

What happens when the Executor named in a will dies?

An executor is a person named in a will to manage and distribute the deceased’s assets. It’s important that you choose a person that’s capable and trustworthy.

If an executor dies before you or after you but before probate is granted, and there is no other executor named in the will, the will is essentially ‘executor-less’ and someone else will need to step in to take on the responsibility. Usually, it’s those people that are entitled to the largest proportion of your estate that will be granted the authority to apply for letters of administration and deal with the estate.

What if the Executor renounces?

If the Executor decides that they cannot act, they have the option of renouncing, which means formally giving up the legal right and responsibilities of administrating your estate. If, again, there is no other Executor named in the Will then the administration of the estate falls on the Beneficiary who stands to inherit the most from the estate. The same applies if the Executor has lost mental capacity.

How to reduce this risk

To avoid this sort of situation, we recommend that you appoint more than one Executor (with at least one being somewhat younger than you – if possible – perhaps as substitute executor(s)).

Alternatively, or additionally, it is worth considering appointing professional executors such as solicitors.

The benefits of appointing professional executors include:

• there will always someone willing and available to act as Executor
• an experienced Wills and Probate solicitor who is well versed in dealing with complex legal and financial matters that may arise during the administration of an estate will be appointed to act
• a professional also remains impartial and can prevent family disputes and ensures that the estate is administered in strict accordance with the will and legal requirements
• they also reduce the burden on a family that is grieving the loss of a loved one

What happens if all Beneficiaries named in the Will die?

This will depend if they died before or after the testator (the person who made the Will). If they die before the testator and there are no named alternative beneficiaries, the estate will be subject to the rules of intestacy. Under these rules the estate is distributed according to a predetermined order of relatives (spouses, children and possibly descendants, parents, siblings etc).

In the rare event that the testator has no surviving relatives to inherit under intestacy, the estate becomes “bona vacantia” and passes to the Crown.

How to avoid this risk

A well drafted Will, that includes provisions for additional Beneficiaries or charities as potential recipients, means that there would be little to no risk of your estate becoming intestate or passing to the Crown. These are often referred to as ‘catastrophe beneficiaries’ as they would only ever receive any inheritance if those closest to you (e.g. your immediate family) were not to survive you.

An option of residuary beneficiaries is to include a ‘per stirpes’ clause, which means that direct descendants of the initial beneficiary named (surviving children, grand-children or great-grandchildren and so on) inherit the share that their parent would have received.

What happens if a Beneficiary dies after the testator

In the majority of estates where this happens, the Beneficiary’s estate will be entitled to the gift. The exceptions would be where there was a ‘survivorship’ clause in the Will i.e. that a Beneficiary will only receive their entitlement if they lived for a number of months after the testator’s death.

When should a Will be updated?

It’s important that you update your Will regularly so that it reflects the big changes in your life such as marriage, divorce, the birth of a child or as discussed, the death of Executors and/or Beneficiaries. Working with an experienced Wills and Probate solicitor will ensure that your Will is legally valid and that it reflects your wishes. They can help you navigate the difficulties of estate planning and provide guidance on intricate legal matters.

If you would like to speak with one of our Wills & Probate experts, get in touch for a free no obligation discussion on 02920 829 100 or via our contact form.