Releasing executor power of a will

[Samcartwell]

I am seeking help understanding the risks of giving up my rights as an executor, particularly in a difficult family situation where my mother cannot be trusted, she is not in my life.

My grandmother recently passed away and named my mother, my brother, and me as executors of her estate. Under her will, my mother inherits half of the estate, while my brother and I each inherit a quarter.

My mother has asked both my brother and me to give up our roles as executors so that she can act as the sole executor of the estate. My brother hastily signed the paperwork without understanding the impacts.

My grandmother had made it absolutely clear to my brother and me that her estate would help us purchase our first homes. Selling her house will be necessary for that to happen.

If I give up my role as executor and my mother becomes the sole acting executor:


* What authority would she have over the administration of the estate?

* Could she delay or prevent the sale of the property?

* Could she rent out the property instead of selling it?

* Could she make decisions about the estate without consulting me or my brother?


I am based in England, probate has not yet been completed.

Thank you for your time, I appreciate any guidance you can share.

[atticus]

1. Total authority
2. 3. and 4. Yes.

Have you actually discussed this with your mother? Do you know what her plans are? Do you trust her? Who are the beneficiaries under the Will, and in what shares?

[PallasAthena]

Has your mother explained why she wants you and your brother to give up your roles? Just administrative convenience for her? Or do you suspect something else? Your mother cannot force you to give up your executor role. It's entirely your decision.

There are two different ways you could "give up" your role.

You could "renounce" it. That is a permanent resignation from the role and cannot later be reversed. It sounds like this is what your brother has done.

Or you take the "Power Reserved" route. You agree to step back from actively being an executor and let your mother take the lead and be the only executor named on the Grant of Probate but retain the power to become involved later and get yourself added to Probate as joint executor.

There are many legal websites online that explain the difference. This one for example

What is Notice of Power Reserved in Probate? | Premier Solicitors

If your mother applies for Probate solely in her name she is obliged to give you formal notification of that in writing and on the Probate application state that you continue to be an executor with Power Reserved.