Remove Executor

[Blue123]

an elderly lady with 4 children made a will, she listed her eldest as executor and should something happen to him her son in law is named. This is shocking to the rest of the family, they didnt realise at the time of the consequences. The family want him removed as his wife has been abusing her role as LPOA for her mother - he does not know the lady hardly and says the most awful things about her being a burden to his wife - is there a form we can send for him to sign and pass the role to one of her sons that the rest of the family approve of? I am sure he would be glad to be removed from the responsibility aware what his wife has been doing.

[atticus]

A person named as executor can renounce the right to take out a grant of Probate: https://www.gov.uk/government/public...xecutor-rights

The rest of the family cannot prevent a person named as executor from taking up that appointment. If the lady still has capacity she could change the executor appointments by making a new will or a codicil to her will.

[dslippy]

Only the lady can appoint a new executor.

[Blue123]

Thank you for the replies Atticus and Dslippy - I wasnt accurate enough - Firstly the lady does not have capacity - The son is executor in the Will but the SIL is also down to replace him should anything happen to the son - It is the SIL we need to remove for her if possible , can we give him a form to sign to renouce himself? Can we get the family whom will all have an equal share to agree on a replacement if required?

[atticus]

Yes to both questions, but in each case remember that all relevant parties need to agree.

[Blue123]

Thank you Atticus for your help - so to summarise I can porduce a Notification To Renouce the SIL's role, appoint a new family member to replace him and he along with his wife and all beneficiaries in the will can all sign it then add it to the will
At the same time can a beneficiary of a will Renouce themselves from any form of gain from the will in question if all other beneficiaries agree and sign?

[atticus]

Can we please be clear: someone named as executor can renounce the right to take out a Grant of Probate.

We have not discussed his position as beneficiary.