Renouncing as executor of a will with a deed of renunciation

What happens if you don’t want to act as executor of a will?

When someone writes a will, they must state who will oversee the distribution of assets and look after their final wishes. These people are known as executors of the will.

But what if you find out that someone has named you as an executor and you don’t want to do it? Well, you’re not obliged to, but there are some things you must do to give it up completely.

You can only renounce probate if you haven’t done anything with the deceased’s estate already. If you have started on the process of administering the estate, you can’t then give up the role of executor.

Why might someone want to renounce executorship?

There are many reasons a person may not wish to act as an executor to a loved one’s will.

Executing a will is a significant responsibility, one that can be very time-consuming. What’s more, it’s vital that it is carried out correctly, as an executor can be held liable for any errors – even unintentional ones.

For some, this can be too much of a commitment or emotional upheaval. Even if they have previously agreed to act as an executor, a change in personal circumstances can make taking on this responsibility difficult.

Another reason to step back as executor could be a concern over disputes between executors, or a contest against the will.

Whatever the reason, no one is bound to act as an executor if they are unable or unwilling, even if they’ve been named in the will or previously agreed to do so.

What is a deed of renunciation?

This is a legal document signed by a named executor to a will, in which they formally relinquish their rights and responsibilities as executor.

To get a deed of renunciation, you cannot have “intermeddled” or had anything to do with the management or administration of the deceased’s estate since their death. The deed must also be signed and formally witnessed for it to be legally binding.

Signing a deed of renunciation does not impact any entitlement you may have to the estate as a beneficiary – it only formalises your intent to relinquish any authority you have in the administration of the estate.

Renouncing as the executor of a will

Renouncing executorship of a will is a significant decision, so you should be sure that you wish to relinquish any right to act in this capacity before you do so.

That said, it is also important that you do so as soon as possible, and that you avoid becoming involved in the administration of the estate in the wake of your loved one’s passing. Doing so can complicate, or even prevent, the renunciation process.

If you are decided on renouncing executorship, then you should speak to a specialist probate solicitor to get the renunciation process started. A deed of renunciation is a legal document, so having the right legal advice is critical to ensure that the process runs correctly and smoothly.

To learn more about how Slater and Gordon’s industry-leading probate solicitors can support you, speak to our team today on 0330 041 5869 or get in touch online.

What is a power reserved executor?

A power reserved executor is, in essence, a halfway point between acting as an executor and renouncing executorship. It essentially means that you are stepping aside as executor for the time being, though you reserve the right to apply to become involved in the administration of the deceased’s estate at a later point.

For power to be reserved for an executor, they must be served with a ‘Notice of Power Reserved’ by the executor or executors who are acting. This states that the ‘acting executors’ are intending to apply for a grant of probate in their names only.

Once the grant is issued, it should state the names of the executors who are acting to administer the estate, as well as the names of those for whom power is reserved.

Speak to our industry-leading probate solicitors for expert legal advice

The first thing you should do if you want to renounce your rights as executor is contact a specialist lawyer.

At Slater and Gordon, our expert wills and probate solicitors have many years of experience in supporting families at every stage of the will process; from expert legal advice on how to prepare a will to support in executing a loved one’s wishes after they have passed.

Call us on freephone 0330 041 5869 or contact us online and we'll call you.

Frequently Asked Questions

Q1: What happens if you renounce executorship?

Renouncing executorship of a will is a legal process, and once a deed of renunciation has been signed and submitted, you will have permanently relinquished your rights and responsibilities as an executor.

It will fall to another named executor (or administrator, where this is no will) to apply for probate and administer the estate according to the wishes set out in the deceased’s will (or the rules of intestacy, where this is no will).

Renouncing executorship does not affect your entitlements if you’ve been named as a beneficiary of the estate.

Q2: How much does it cost to renounce being an executor?

As renouncing as executor to a will is a legal process, involving the drafting and submission of a deed of renunciation, it is strongly recommended that you speak to a specialist probate solicitor to ensure the process runs correctly and smoothly.

When you speak to our expert team at Slater and Gordon, we’ll take you through the processes and clearly explain any costs involved. To start the process of renouncing as executor, speak to us today on 0330 041 5869 or get in touch online.

Q3: How long does a deed of renunciation take?

Renouncing executorship is a fairly quick process, though it can vary slightly. When you work with our experienced probate solicitors, we’ll aim to wrap up the drafted deed of renunciation swiftly. This will then need to be signed by yourself and a witness, before we submit it to the Probate Registry.

It is worth noting that a deed of renunciation takes effect from the moment you sign it, though it can be withdrawn at any point before it is submitted to the Registry.