What happens if the appointment of an executor or guardian fails?

You might have already approached the people you’re going to appoint as guardians and executors in your will for their permission to do so, but let’s face it, a lot can change between now and when your will’s going to be needed. This could include these key people changing their mind, not being around anymore or not being physically able to carry out their responsibilities.

How you can minimise the risk of this happening

We’d always recommend you appoint substitutes for the key appointments in your will, so if for any reason your first choices aren’t available when the time comes, there is someone who can step in to fill in the gaps.

You should carefully consider who to appoint – not only should you check that they’re willing to take on the role in the first place, but you may also want to consider if they’ll be able to cope with the duties required so soon after your death, have the skills needed and are young enough to still be around after you’ve died.

If there are no executors or guardians

If none of your nominated executors or guardians (or their substitutes) are able to take on the responsibilities at the time, then an application will need to be made to the court to appoint suitable alternatives.