As much as we try to encourage testators
to speak with the people they wish to
appoint as executors to inform them of
their choice, some people will one day
find themselves surprised with the role.
Many of these people will have this
responsibility placed on them at a time
where they are grieving the loss of a
loved one. It is also likely to be the first
time they have ever acted as an executor
and the road ahead may look daunting.
If you find yourself in this situation and
don’t want to act then there are a couple
of options available to you.
One option is to keep on the role as
executor but appoint a specialist as your
attorney to apply for probate for you or
assist you with the probate process. This
will often be a solicitor or accountant, or
the professional who drafted the will if
they offer this service. Note that this will
incur fees that will be payable out of the
estate.
According to research carried out by
the Office of Tax Simplification last
year only 11% of respondents who did
not use an adviser to assist with probate
stated that they found the process simple
and user friendly. 38% of respondents
who did not use an adviser stated that
they spent 50 hours or more on estate
administration. It goes to show then that
using a professional advisor to assist with
probate will take a huge burden off of
you.
The other option is to renounce. An
executor who doesn’t wish to act is
not forced to. As long as you have not
‘intermeddled’ in the estate you can
formally step down. Intermeddling is
carrying out any duties that an executor
would usually perform to administer
the estate, such as settling debts and
selling assets. Don’t worry if you have
already taken steps to collect in assets for
protection or arranging the deceased’s
funeral though. While these tasks are an
executor’s duty they are not considered
intermeddling.
The renunciation must be made in
writing and lodged with the Probate
Registry and must be carried out before
the Grant of Probate is granted. It must
be signed by you and witnessed by a
disinterested witness; this is a person
who does not stand to benefit from the
deceased’s will. As this is a legal deed
this should be drafted by a professional.
If there are other executors appointed
then they may carry on acting and apply
for probate. If you were the only executor
then someone who is entitled to act will
need to make an application to the court
to be appointed as an administrator.
If you find yourself thrust into the role
of an executor and for one reason or
another you aren’t willing to act then it’s
important that you act quickly, especially
if you wish to renounce. If you are
unsure of what the role entails then we
recommend you take professional advice.
If you contact our team at The Society
of Will Writers on 01522 697888 we
would be happy to put you in touch with
a member who can assist you with the
probate process.
the society of will writers
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