Tips For The Reluctant Executor
As much as we try to encourage testators (Clients) to speak with the executors to inform them of their choice, some people will one day be surprised by the role. Many of these people will have this responsibility placed on them at a time when 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 a couple of options are available to you.
One option is to keep the role of executor but appoint a specialist to help to apply for probate for you or assist you with the probate process. Fern Wills can help or recommend a specialist. This will incur fees payable out of the estate.
According to research carried out by the Office of Tax Simplification last year, 89% of respondents who did not use an adviser to assist with probate stated that they found the process difficult and not user-friendly. 38% of respondents who did not use an adviser stated that they spent 50 hours or more on estate administration. This data underscores the significant relief that comes from using a professional advisor to assist with probate, lightening the burden on you and ensuring a smoother process.
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 duties that an executor usually performs to administer the estate, such as settling debts and selling assets. Don’t worry if you have already taken steps to collect assets for protection or arrange 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, a person who does not stand to benefit from the deceased’s will. As this is a legal deed, it should be drafted by a professional.
If other executors are appointed, they may carry on acting and apply for probate. If you were the only executor, someone entitled to act will need to apply to the court to be appointed as an administrator.
If you unexpectedly find yourself in the role of an executor and, for any reason, aren’t willing to act or need some help, it’s crucial that you act swiftly, especially if you wish to renounce. If you are unsure of what the role entails, we strongly recommend taking professional advice. If you contact us at 07500 866 123, we would be happy to put you in touch with a colleague who can assist you with the probate process and help you take control of the situation.
Written with thanks to Siobhan Smith, Head of the SWW Technical Team.
