Executor of a Will

Azy · 20-06-2010 8:39pm #1

Can anybody advise on the following delicate matter. I was appointed executor of a will to a family member over 17 years ago and with my full consent at that time. However, due to present circumstances I dont wish to be executor of that will in the advent of my relative dying. However, despite several discussions I have had with my relative, my relative is continuing to refuse to change the nominated executor of their will.

1. If my relative dies, can I refuse to act as executor of the will?
2. If I do refuse to act as executor in the execution of the will, will I be leaving myself open to any kind of liabilities, and if so, what?
3. Can anybody advise me on how to get my relative to change the nominated executor of their will - talking doesnt seem to be working!

albeit · 22-06-2010 9:09pm

Ask in FLAC maybe

nompere · 23-06-2010 12:34am

This is S. 17 Succession Act 1965.

17.—Where a person appointed executor by a will—

( a ) survives the testator but dies without having taken out probate, or

( b ) is cited to take out probate and does not appear to the citation, or

( c ) renounces probate,

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

It provides for what happens if an executor appointed by a will declines to act as executor.

It makes no reference to any liabilities for declining to act.

It accepts that a person may not be compelled to act as an executor, and that the person may renounce the appointment.

dermot_sheehan · 23-06-2010 12:57pm

Azy wrote: »

Can anybody advise on the following delicate matter. I was appointed executor of a will to a family member over 17 years ago and with my full consent at that time. However, due to present circumstances I dont wish to be executor of that will in the advent of my relative dying. However, despite several discussions I have had with my relative, my relative is continuing to refuse to change the nominated executor of their will.

1. If my relative dies, can I refuse to act as executor of the will?
2. If I do refuse to act as executor in the execution of the will, will I be leaving myself open to any kind of liabilities, and if so, what?
3. Can anybody advise me on how to get my relative to change the nominated executor of their will - talking doesnt seem to be working!

1. Yes, you can either execute a document renouncing your appointment as executor or one of the beneficiaries can issue a citation against you in the probate court calling on you to take out a grant of probate, and if you fail to respond the court can appoint someone else as personal representative.

2. No, you will delay the administration of the estate of the deceased though. If no other person is named as executor in the will, someone would have to apply to be made personal representative. A personal representative as opposed to an executor must take out an administration bond equal to the value of the estate. This is often given by a bank or insurance company and costs money.

3. A person is entitled to nominate who ever they want as executor in their will. The proposed executor is however entitled to refuse to act.

2breal · 03-09-2019 10:47pm

yes you can just renounce your position as executor. you will have no legal obligation, provided you go immediately and renounce the position. The court usually finds another executor or the solicitor.

nuac · 04-09-2019 12:43am

Mod
Closed, old thread

Executor of a Will

Comments