Named as Executor… But Don’t Want To Act?!
A loved one has passed away and you’ve been named as an Executor in their Will. Being named as an Executor is a big responsibility and is a role that requires both time and organisation.
For various reasons, acting as Executor may not be something you feel comfortable undertaking, but what are your options?
Renounce as an Executor?
Provided you have not ‘intermeddled’ with the Estate, you may be able to officially step down as an Executor by formally renouncing your position. In order to do this, you will need to complete the appropriate form available from the Government website. Once completed, signed, dated and witnessed, you need to give the completed form to the executor who is applying for probate, as they will need this as evidence of your decision not to act.
It is important to consider that should you formally renounce, you are officially stepping down for good. If do not wish to act now, or in the future (even if needed), this may be the option for you.
Reserve your Power as an Executor?
In the event you are one of multiple Executors, you may feel that whilst you’re not keen on acting as an Executor, you don’t want to completely rule out doing so should you be required. One option is to have your power reserved. This means you will not be included as an active part of the probate or administration process, but should something happen that requires to you act as an Executor (such as your fellow Executors being unable to act), you can still apply for your own Grant of Probate, even if one has already been taken out beforehand. This option can be popular for those living abroad.
If you do not wish to act but wish to have the option to step in should you be needed, this could be the best option for you.
Appoint an Attorney to act on your behalf?
If you’re appointed as a Sole Executor and do not wish to act, but know someone that does, you could look to appoint them as your attorney for probate purposes. Similarly to a renunciation, this can be done by completing the appropriate form from the Government website. It is important to consider that the original Executor must have the capacity to make such a decision, and should they not, this would not be an option.
A good example of when appointing an attorney could be useful, is when someone elderly is appointed as a Sole Executor, but does not wish to act, and so appoints somebody to act on their behalf, such as a son or daughter.
Seek Professional Assistance?
One of the more common options for an Executor who does not wish to act, is to instruct a professional, such as a Solicitor, to carry out all the administration on their behalf. Whilst the Executor would still be responsible for the Estate, they are passing the day-to-day activities over to a professional who can ensure that everything runs smoothly from start to finish. This can be a popular choice for those who do not have the time to act as an Executor, but still wish to ensure the administration is carried out efficiently and effectively.
This service is something Lawson West are able to assist with. We can offer an initial free Probate meeting; in order to discuss Probate, your options and the potential assistance we may be able to offer.
If you would like to discuss Probate and/or your role as an Executor in more detail, please do not hesitate to Contact Us
0116 212 1000
