Refusing to be an executor

Executors can simply refuse to act and provided they have not ‘intermeddled’ with the estate, can swear an Oath to this effect and walk away. If however they have started to interfere with the assets, written some letters saying they will act or done anything that effects the estate, even if only for the better, then they may find the Probate Registry will not allow them to renounce their right to be an Executor, because it will not allow them to avoid liability for their actions, whether well intentioned or otherwise.

Executors have the power to act jointly and severally, but are answerable for their decisions initially to other Executors and ultimately to the Beneficiaries, who can sue them if they have suffered a loss that a reasonably competent Executor would not have incurred. Where there are three and they disagree, the majority will normally prevail, but where there is an even number or violent disagreement and the minority will not give way, these would be referred to the Probate Registry for a legally binding decision. Since the Court almost by definition does not make unreasonable decisions, the Executors can refer to the Probate Registry any deadlocked or contentious decisions and thereby protect themselves from future claims against them by disgruntled Beneficiaries.

If all your Executors predecease you, the professional firm you named has closed down or they simply cannot be found and the Will has not provided for substitutes, then the Will is still valid, but the intestacy rules are used to select a replacement executor, who will be called an Administrator and the Probate Registry will Grant Letters of Administration with the Will annexed.

This article was written via Paul Handford at RWFC

If you have you have any questions or queries regarding the above article please e-mail Paul Handford
 
Also see:

Executor
Choosing an executor
Beneficiaries
Probate explained

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