Q&As

Where a Will appoints the partners in a firm of solicitors as an executor with a request that one of them proves the Will, but none of the partners wish to accept the appointment, should the deed of renunciation be executed by all of the partners or just one of the partners?

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Published on LexisPSL on 29/03/2021

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Where a Will appoints the partners in a firm of solicitors as an executor with a request that one of them proves the Will, but none of the partners wish to accept the appointment, should the deed of renunciation be executed by all of the partners or just one of the partners?

Where a Will appoints the partners in a firm of solicitors as an executor with a request that one of them proves the Will, but none of the partners wish to accept the appointment, should the deed of renunciation be executed by all of the partners or just one of the partners?

Section 5 of the Administration of Estates Act 1925 (AEA 1925) provides that:

‘Where a person appointed executor by a will

(i) survives the testator but dies without having taken out probate of the will; or

(ii) is cited to take out probate of the will and does not appear to the citation; or

(iii) renounces probate of the will;

his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of his real and personal estate shall devolve and be committed in like manner as if that person had not been appointed executor.’

The party to the deed of renunciation will depend on the exact words of the clause which appoints the executor or executors.

For example, if the Will contains an appointment using words similar to ‘I appoint the partners at

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