Renunciation of executor

Delta2113

How do you go about actually renouncing being an executor?

My two brothers and i got named as executors but one of my brothers lives overseas and I feel despite being advised that it wont be a problem it could cause problems.

We just already got returned forms from banks because we did not send certified copies and now he has to try and sort this.

Do you need to get a Solicitor for the 'renounce' form?

Pat Mustard

I think that this thread can be left open for responses with links to legislation, courts.ie forms, etc., but no legal advice obviously.

P. Breathnach

I was one of two executors named in a will, the other being a firm of solicitors. I indicated that I was prepared to act, and the solicitors renounced. It involved a simple witnessed declaration that I submitted to the Probate Office. It was a very simple procedure, but it might be just a small bit more cumbersome if the person renouncing is living abroad.

Delta2113

The 'living abroad' bit is beginning to cause issues. I really wish that my brother who is living overseas was not named as an executor.

A Solicitor advised it would not cause problems but I'm not convinced. The family home has been left to me so hopefully that's made things easier but I still anticipate further difficulties down the line.

We are only at the stage of trying to get 'closing statements' from banks.

Peregrinus

It doesn't cause any legal problems but, yes, it can cause practical problems and delays and complications. Everything will work out in the end, but it is likely to take longer and be more stressful.

If you haven't yet got to the stage of taking out a grant of probate, he can renounce quite easily, leaving you and your other brother as executors. Of course, he has to want to renounce; it's his decision, not yours.

Delta2113

My Brother as mentioned who lives overseas wants to renounce. He will go to a solicitor but could anybody help with what wording should go in the letter.

I'm not looking for legal advice just a general wording which presumably should be standard.

Pat Mustard

The solicitor who is dealing with the estate should draft the relevant form - the name escapes me atm.