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What if my executor dies?

Why backups matter.

You named an executor years ago — but people's lives change. They might die before you, decide they no longer want the responsibility, or move overseas and no longer be well placed to do the job.

Without a clear Will

  • If your only executor has died and you never named a backup, no one has automatic authority to apply for probate — someone (often a family member) has to apply to the Court to be appointed instead, which takes longer.
  • An executor who's unwilling can formally renounce the role, but if that happens after you've died and there's no backup named, the same Court process is needed to appoint a replacement.
  • An executor who has moved overseas can usually still act, but it becomes slower and more expensive — signing documents, dealing with NZ banks and Land Information NZ (LINZ), and attending to NZ tax matters all get harder from a distance.
  • None of these situations are picked up automatically — your Will doesn't 'know' your executor is no longer available unless you update it.

With a Will

  • You name a backup (substitute) executor from the outset, so there's no gap if your first choice can't act.
  • You can name two executors to act jointly, so the role doesn't rest on one person's availability.
  • You review and update your named executor whenever their circumstances change — including if they move overseas.
  • You can name a NZ-based professional executor (a lawyer or trustee company) instead of, or alongside, a family member — useful if the people you trust most live overseas.

Practical guidance for NZ

  • Review your Will every few years, and after any big change in your executor's life — a house move overseas, a falling-out, ill health.
  • Always name at least one backup executor.
  • An executor doesn't have to live in NZ to be appointed, but a NZ-based executor (or professional executor) makes the practical, day-to-day administration much easier.
  • If your named executor tells you they no longer want the role, update your Will straight away — don't wait for 'someday'.

Worth getting advice on

If your executor has already died, become unwilling, or moved overseas and you're not sure your Will still works the way you intended, get it checked — a small update now avoids a bigger problem later.

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