Removal, renunciation and retirement of personal representatives
Removal, renunciation and retirement of personal representatives

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Removal, renunciation and retirement of personal representatives
  • Renunciation
  • Executors
  • Administrators
  • Retraction of renunciation
  • Power reserved
  • Application for grant of double probate
  • Retirement
  • Substitution or removal
  • Revocation
  • More...

The rights of a person appointed as executor by a testator’s Will cease if they:

  1. die without having taken out a grant of probate

  2. fail to appear on being cited to take probate, or

  3. renounce probate

A person:

  1. cannot be forced to act as an executor, and

  2. may renounce their right to take a grant so long as they have not impliedly indicated acceptance of the office by intermeddling in the estate

It is irrelevant if an individual had agreed to accept the office of executor during the testator’s lifetime.

An executor may choose to have power reserved to them rather than renounce probate, meaning that they may take out a grant at a later date.

The rights of a person appointed executor by a Will also cease if:

  1. probate is revoked

  2. the court removes them and appoints a substitute

  3. a district judge or registrar makes an order amending a grant, or

  4. the court passes over the person entitled to the grant

Renunciation

Executors

A person may renounce their right to take a grant. This means that they effectively waive their rights to apply to take out the grant.

They will lose their right to renounce if they have:

  1. already taken a grant, or

  2. 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 in an estate involves doing something

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