Do I Have To Act As An Executor If Named In a Will?

Administering a relative’s will can be a traumatic experience, but it’s not a role you are forced to do, even if you have been appointed to take on the task by the deceased relative in his or her will. There is a process available if you want to withdraw your rights to take on this task. It’s called renunciation and it takes place once you have signed the appropriate form. As soon as you have done that you no longer need to seek a Grant of Probate. However, there are some matters you should be aware of before you have completed the renunciation process.

The first thing you must not do is not interfere in any way with the deceased’s estate. If you have moved possessions of the deceased, or tried to take over bank accounts, you are no longer in a position to give up the executor role. If you do, you could be accused of mishandling the estate.

The process of relinquishing the role of executor

You need to draw up a renunciation document with a solicitor. Once this has been signed and filed with the Probate Registry you are no longer the executor of the will for the deceased person. You are not in the situation to appoint someone to take over the role on your behalf. If there is a family member who is prepared to take on the executor role he or she will have to apply individually in order to be considered. Sometimes there are other executors named in the will. As long as the will hasn’t specified a minimum number of executors, any other people that have been mentioned are eligible to apply. If you are the only person appointed to take on the job, an application by a next of kin needs to be submitted to the court so that an administrator may be appointed.

Who takes over as executor?

If the sole person appointed in the will as executor formally renounces this position, and it’s accepted, the person who has the right to take on this role is whoever is next in line. If there are several people who are entitled to take up the position, renouncing isn’t necessary, as the person who volunteers to take on the job will be able to do it without being formally appointed.

Is renunciation always necessary?

If you have been officially appointed as the executor of a will, you are permitted to unofficially renounce the role and leave the probate process to any of the other executor(s). This is called ‘power reserved’. If you follow this process you can take up the role again if the new executor can’t do it for some reason. You don’t need to sign any forms or present yourself to the Probate Registry. This method is a good option if you don’t live close to the deceased person’s estate, making it more difficult to administer, but you are one of 3 appointed executors who are all the deceased’s children. The executor who lives the closest to the estate can take on the executor’s role, while the other two take on power reserved status.

How do I renounce my role through the power reserved process?

You can appoint a solicitor who will draft a document, called a “notice to a non-proving executor.” You can also do this on your own through filling in a PA1A form which you can obtain from the probate registry.