Q&As

A was appointed as executor of T’s estate, but dies before completing administration of the estate. A has by their Will appointed B as their executor. Under what circumstances can B administer T’s estate?

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Published on: 27 March 2024
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By virtue of section 7 of the Administration of Estates Act 1925 an executor who proves their testator’s Will also becomes the executor of any Will of which their testator was the sole or last surviving proving executor. This chain of representation carries on ad infinitum.

A chain of representation subsists through the proving executor of a Will and may be broken by an intestacy, the failure of a testator to appoint or properly to appoint an executor, or by an executor not proving their testator's Will.

Where an executor

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Jurisdiction(s):
United Kingdom

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