When making your Will, it is important to appoint more than one Executor. If you have only appointed one Executor and he or she dies before you, you will not have an Executor to deal with your estate. It is also possible that your Executor may lose capacity and may not be able to deal with your estate.
Of course, if your chosen Executor dies or loses capacity during your lifetime, you can change your Will to appoint a new one. However, many people do not review their Wills regularly or lose capacity themselves and become unable to change their Wills.
What happens if a person dies and their sole Executor has lost capacity?
If the Executor has made and registered a Lasting Power of Attorney, their Attorney(s) may, depending on the terms and conditions contained in the Lasting Power of Attorney, be able to deal with the estate of the deceased. However, if a Lasting Power of Attorney is not in place, an application has to be made to the Court of Protection for a Deputy to be appointed to deal specifically with the deceased’s estate.Of course in making the application for a Deputy to be appointed for the Executor, the Deputy can be appointed to deal with all the financial affairs of the Executor and not limited to the estate of the deceased.
As with all applications to the Court of Protection, it takes many months and is very expensive, particularly compared to the cost of amending your Will.It is therefore advisable to review your Will on a regular basis. I offer free reviews and charges are only made if changes are required.