02 Oct 2016

A question about : Executor renunciation

What happens when one executor of a will renounces and the other executor is elderly, has no wish to take it on and was never asked by the deceased if they would be willing to be an executor? Do other beneficiaries of the will get asked if they are willing? The solicitor is already preparing the application for probate and the paperwork to pay the inheritance tax.

Best answers:

  • The Executor who has not yet renounced has two options. Either they can appoint an Attorney to deal with the administration on their behalf so that they do not need to do so (this is an Attorney specific to this one job, not one who could act in their affairs generally), or they can also renounce and one or more of the remaining beneficiaries could take the job on.
    Whichever they prefer they need to contact the solicitor acting as soon as possible as either will need to be done so that the paperwork can be completed.
  • Who instructed the solicitors?
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