Q&As

If a beneficiary of a deceased person's estate requests an executor to renounce probate and that an independent executor is appointed in place of the executor, is there an obligation on the executor to renounce probate? How can the executor protect themselves if proceedings are issued for their removal?

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Published on: 13 May 2025
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An executor is not under an obligation to renounce probate simply because a beneficiary requests it.

If the executor agrees to the request to renounce their right to take a grant of probate, this must be done before the executor has intermeddled in the estate or taken a grant of probate.

See Practice Note: Removal, renunciation and retirement of personal representatives.

Once the executor has taken a grant of

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