Can an executor relinquish their executorship after probate has been granted?

[Stevlynd]

Hi please can someone tell me If an executor can relinquish their executorship after probate has been granted & can they then pass on the executorship to someone else, ie one of the other beneficiaries without either the other executor or the other beneficiaries agreeing? There are 2 executors & the executor who wants to relinquish did not sign for probate.
Many thanks in advance.

[des8]

Re: Can an executor relinquish their executorship after probate has been granted?

Yes, you can renounce your position as executor, even after probate has been granted, as long as you have not interfered with the estate.
There is another option k/a "power reserved". In this case the executor stands aside from the day to day running te estate, but can step back in if the other executor cannot continue eg because of ilness.

[Stevlynd]

Re: Can an executor relinquish their executorship after probate has been granted?

Yes, you can renounce your position as executor, even after probate has been granted, as long as you have not interfered with the estate.
There is another option k/a "power reserved". In this case the executor stands aside from the day to day running te estate, but can step back in if the other executor cannot continue eg because of ilness.

Thanks very much for your reply. Could I also ask, once they have relinquished their executorship can the executor hand over their executorship to one of the beneficiaries without the agreement of the other executor or other the other
beneficiaries?
Many thanks in advance.

[des8]

Re: Can an executor relinquish their executorship after probate has been granted?

My understanding is that as probate has been granted and there is another executor, the executor who wishes to relinquish his position cannot appoint a replacement.

What he/she could do is appoint a solicitor to advise him whilst stil retaining the position.

Presumably you are posing the questions because of a problem.
Would you care to post more details, as someone here may see a different way forward ?

[Stevlynd]

Re: Can an executor relinquish their executorship after probate has been granted?

My understanding is that as probate has been granted and there is another executor, the executor who wishes to relinquish his position cannot appoint a replacement.

What he/she could do is appoint a solicitor to advise him whilst stil retaining the position.

Presumably you are posing the questions because of a problem.
Would you care to post more details, as someone here may see a different way forward ?

Thanks for the reply, there isn't really any more to add to the problem but could you direct me to the source of the information so I have something definite to show the executor & beneficiaries. Many thanks in advance.

[des8]

Re: Can an executor relinquish their executorship after probate has been granted?

Suggest you read The Administration of Estates Act 1925 ( http://www.legislation.gov.uk/ukpga/...16/23/contents) together with HMCS guide to obtaining probate (http://webarchive.nationalarchives.g...s/pa2_0805.pdf).
If you then google "executors duties uk" you will find lots of law sites giving pointers.

The information is gleaned by reading the available info and realizing that an executor who renounces cannot appoint a replacement.
Representatives have their authority from being appointed by the testator or the court. No one else can appoint them,
They can employ others to do the work for them, but remain responsible.

[Stevlynd]

Re: Can an executor relinquish their executorship after probate has been granted?

Hi thanks again for your help. I have read loads including your first link. I will read the other one & revisit the 1st link to see if I can get the relevant bits to sink in. Thanks again.

Suggest you read The Administration of Estates Act 1925 ( http://www.legislation.gov.uk/ukpga/...16/23/contents) together with HMCS guide to obtaining probate (http://webarchive.nationalarchives.g...s/pa2_0805.pdf).
If you then google "executors duties uk" you will find lots of law sites giving pointers.

The information is gleaned by reading the available info and realizing that an executor who renounces cannot appoint a replacement.
Representatives have their authority from being appointed by the testator or the court. No one else can appoint them,
They can employ others to do the work for them, but remain responsible.

[Stevlynd]

Re: Can an executor relinquish their executorship after probate has been granted?

Ok so I've read & reread the links & still couldn't find the answer to my questing.

[des8]

Re: Can an executor relinquish their executorship after probate has been granted?

Executors are nominated in the testators will and obtain a grant of representation (probate) which gives the legal right to access the deceased's bank accounts etc.

If an executor renounces "his rights in respect of the executorship shall wholly cease. and the representation to the testator and the administration of his real and personal estate shall devolve and be committed in like manner as if that person had not been appointed executor" (the administration of Estates Act 1925 Part II 5 (iii) )

In other words if you renounce your executorship you are treated the same as anyone else.
As there is already another executor there is no need to appoint any other representative.
If there was no other executor, a new representative would need to be appointed.
This would be done according to strict rules of intestacy.
Occasionally substitute representatives are appointed by the High Courts, but this is done where there is a concern about the proper execution of the trust in the interest of the beneficiaries. It is not an appointment made by a renouncing executor.


As you suggest there is no other reason than disinclination to be executor, can we assume there are no pending squabbles among the beneficiaries, nor concerns with the remaining executor?
If that is correct and everyone trusts the remaining executor there really shouldn't be any reason to have two executors