Jul 7

When an executor does not wish to act


There is no obligation that you must accept the role of executorship, even if you had agreed with the will-maker that you would. If you don’t want to act when the time comes, and you have not meddled into estate property, you can give up the right to do so. To do this you renounce the executorship, meaning you renounce your right to probate of the will.

If you were named as an executor, you have the right to apply for a grant of probate, because you were the specific choice of the will-maker in their will to be their executor. It also means you have the right to renounce it. Probate is approval from the court to deal with the estate. To renounce executorship or probate means you give up your right as executor appointed under the will to apply to the court for a grant of probate.

To view more information about our Wills and Probate service please click here