The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
The rights of a person appointed executor by a Will cease if they:
die without having taken out probate
fail to appear on being cited to take out probate
cannot be forced to act as executor
may renounce their right to take a grant so long as they have not impliedly indicated acceptance of the office by intermeddling with the estate
It is irrelevant that they had agreed to accept the office during the testator’s lifetime.
A person may have power reserved to them.
The rights of a person appointed executor by a Will also cease if:
probate is revoked
the court removes the personal representative (PR) and appoints a substitute
a district judge or registrar makes an order amending a grant
the court passes over the person entitled to the grant
A person may renounce their right to take a grant.
They will lose their right to renounce if they have:
taken a grant, or
before this, if they have intermeddled in the estate
For more information, see rule 37 of the Non-Contentious Probate Rules 1987 (NCPR 1987).
Intermeddling is doing something that shows an intention to accept office. Acts of charity, humanity or necessity are not sufficient to constitute acceptance.
It is not possible to:
assign the office
renounce part of the office
Consider renunciation where:
the Will does not include an adequate charging clause and agreement
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