Renunciation as Executor of a Will

What happens if executors do not want to act, or if the family doesn't want an executor to be involved? Renunciation as an executor is one available option. In this article, we explain what this means and how it can be done.

What happens if an executor doesn't want to act?

There are several reasons an executor might not wish to be involved in dealing with an estate. For example, they may be elderly, unwell or simply not have the time. To permanently free themselves of the responsibility of dealing with an estate in England and Wales, an executor will need to sign a document called a deed of renunciation. This is officially called 'renouncing.'

This basically means that they are resigning from the job of executor. Once they have renounced by signing the deed of renunciation, their appointment as executor is cancelled. Someone else – usually one or more of the beneficiaries named in the will – will then have to step in and do the job instead.

If an executor wants to renounce, they should do so as soon as possible and refrain from becoming involved in the estate administration process. Things can get complicated if an executor starts dealing with an estate but then decides they don't want to be involved. It is much better to make the decision early on. Renouncing as executor does not stop you from being a beneficiary of a will, it only affects your appointment as an executor. If an executor doesn’t want to act as an executor to start with, but might want to step in at a later date, they might want to get ‘power reserved’ to them.

Drafting a deed of renunciation

As a deed of renunciation is a legal document, it must be drawn up correctly. It is recommended that an expert, such as a probate solicitor, does this so you have peace of mind knowing it has been done properly and legally.

At Co-op Legal Services, our probate specialists prepare deeds of renunciation all the time. Contact our team if you need help and we’ll talk you through your options.

Professional executors and renunciation

What happens if there is a professional executor named in the will, but the family and/or the beneficiaries do not want them to be involved? This could be because they'd rather deal with the estate themselves or because they'd rather choose someone who charges a fixed fee to help instead. Just because a professional is named in the will as an executor, it doesn't mean they have to deal with the estate. In most situations, it's best to speak to the professional executor (or the firm they work for) and explain to them that you would like them to renounce. Often, they'll agree.

There's usually a fee, as there is some work involved. It should cost a few hundred pounds at the most. Sometimes, professional executors will refuse to renounce. If it's a family feud situation, they are probably right to say no. But in most situations, including complicated estates, they will have to think very carefully about whether they want to deal with the estate against the wishes of the family and/or beneficiaries. Legally you can't 'force' an executor to sign a renunciation.

If you believe an executor has done something wrong, you might be able to get them removed from the will, but you'd need to take specialist legal advice on that as it can be very complicated.

Power Reserved

Another option available to an executor who does not want to act is having power reserved to them, if there are other executors who can act in their place. This means they are stepping aside but can apply to become involved in the estate administration at a later date. This is different to renunciation, which is permanent.

In this situation it is a requirement of the court that any executors who are not applying for the grant of probate be served with a ‘Notice of Power Reserved’. This is simply a formal notice from the acting executor or executors, advising that they are intending to apply for a grant of probate in their names only. The grant of probate issued by the probate court will state the name of the acting executor or executors but will note that power has been reserved to the other executor.

Applying for a grant of probate with power reserved can be particularly useful in situations where an executor lives in another country, for example, and it would therefore be impractical for all of the paperwork to be signed by all of the executors named in the will. Unlike a renunciation, an executor who has power reserved to them can still choose to become involved in the administration of the estate at a later time if they want or need to.

In essence, having power reserved to you means that you can retain the power to deal with your loved one's estate should the need arise, but that you agree to a fellow executor administering the estate in the meantime.