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How to Renounce the Executorship of a Will You Don’t Want

November 11, 2019 By Richard Farrell

It may sound irresponsible to many, but a surprising number of executors don’t know they are nominated in wills. Until, that is they discover they are lumped with the task of finalizing the estate, and distributing the assets as the will dictates.

They may find themselves peppered with conflicting demands from wannabe beneficiaries, while they battle to get their minds around inheritance tax and the rules for probate.

If you find yourself in this situation and you don’t want it, you may be delighted to know you can opt out by completing a simple form. You don’t even have to provide reasons. But first, is that the right thing to do.

Is Renouncing an Executorship the Right Thing to Do?

An executor is in a position of trust. The deceased chose them to complete their final task, by allocating their worldly possessions to people whom they loved. They may have selected you as friend or family member, because they did not want to involve corporate solicitors, accountants and banks.

This can be unfair if their estate is large and complex. It can also be tough on an amateur executor who may not charge their time by law, and can only claim their reasonable costs. This may be why the UK government invented their opt-out PA15 two-page form.

There May Also Be Troublesome Hassles and Family Feuds

Family relationships can break down over who gets what from a will. The situation may become hectic and this can put unfair strain of the executor, especially if they stand to inherit something too.

They could – if they wanted to – appoint a solicitor to conduct the executorship on their behalf. If they were to do so, they would be wise to get all the heirs to agree the estate would honour the solicitor’s bills.

However, if the estate is small and could not cover these added costs, then the executor might be personally liable for at least part of the bill. In situations like these a family executor may throw in the towel instead, and hand the problem to the Probate Court.

How the Act of Renunciation Works in Practice

An executor can resign their duties in England and Wales, by signing and submitting a fully completed, downloadable PA15 form to the Probate Court. This asks for details of the deceased and the executor. The latter must declare:

“I the executor named over the page do hereby declare that I have not intermeddled in the estate of the deceased and will not hereafter intermeddle therein with intent to defraud creditors …

“… And I do hereby renounce all my right and title to probate and letters of administration with will annexed and execution of the said will.”

A renunciation is best done as soon as possible, because otherwise there could be a delay before the Probate Court approved a replacement. This could be another family member with the patience, tact and fortitude so see their task through to completion. Or a legal professional familiar with the finer details.

Related

Filed Under: Probate Valuation Tagged With: Act of Renunciation, probate guidance, probate valuation house contents, wannabe beneficiaries, Will search

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Jenny Schon
Dec 3, 2021
 by Jenny Schon on Avery Associates
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Oct 26, 2021
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Our aunt was a recluse and hoarder. She died leaving two properties in London that were dilapidated and completely hoarded. Unfortunately, because everything... Read More

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Aug 26, 2021
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