All About Estates
By Karen La Caprara
June 26th, 2026
With many estates being administered over extended periods by older spouses, siblings, or peers, the risk that an executor becomes incapable is very real and foreseeable.
Estate administration does not occur in a moment. It often unfolds over many months, or years, particularly where there is a continuing trust, significant tax work, or illiquid assets. This raises a question that testators can easily overlook at the planning stage: What happens if the executor becomes incapable while administering the estate?
When the executor is no longer meaningfully engaged in decision-making, when another person is effectively “running the estate,” or when the executor cannot explain key decisions, they are no longer fulfilling their fiduciary duties. While a remedy is available, it does not mean that obtaining relief is easy (or cost-effective).
Where there is no incapacity provision in the will and no alternate executor, the estate may quickly stall. Financial institutions may refuse instructions, property transactions may be delayed, and beneficiaries may question whether decisions are being made at all.
Executor incapacity is not an exceptional scenario, particularly with lengthy estate administrations and where executors are often similar in age to the deceased. Planning for incapacity at the drafting stage is key to limiting the need to rely on court intervention.
