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

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

  • Removal, renunciation and retirement of personal representatives
  • Renunciation
  • Power reserved
  • Retirement
  • Substitution or removal
  • Revocation
  • Amendment of grant
  • Passing over

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

  1. die without having taken out probate

  2. fail to appear on being cited to take out probate

  3. renounce probate

A person:

  1. cannot be forced to act as executor

  2. 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:

  1. probate is revoked

  2. the court removes the pers