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Liability of Executor that Reserves their Right to Act

  • 28-05-2022 09:58AM
    #1
    MisseyB2014
    Registered Users, Registered Users 2 Posts: 11 ✭


    Myself and my sister were names as executors on my Dad's will.

    My Mum asked that we hire a solicitor to act in the administration of the estate. My sister agreed to be the person that signs the forms for this solicitor as she lives closer to the solicitor's office that my Mum wants us to use. I have been sent a form to confirm that I wish to reserve my right to act as Executor of my Dad's estate.

    I don't have an issue with my sister being the acting executor if she's happy to do it but I can't find any information on my liability as a executor who reserves their right to act. Am I liable if my sisters or this solicitor messes up? Or if I reserve my right as executor and do nothing am I in the clear from a liability point of view?

    I asked the solicitor who sent me the form and they couldn't/wouldn't clarify it and told me to get my own legal advice, which I really can't afford at the moment.

    I've been searching the internet for info on this for days no and can't find an answer. Thanks for any help in this regard.



Comments

  • #2
    dennyk
    Registered Users, Registered Users 2 Posts: 1,833 ✭✭✭dennyk


    This would be best to ask a solicitor (and I'm really not sure why the estate's solicitor can't answer that question for you), but generally a named executor is under no obligation to accept that duty, and reserving the right would remove you from the administration of the estate entirely; you'd have no responsibility for it, but also no right to be involved in that administration. You can only reserve your right before the Grant of Probate has been issued, however. If you've already accepted your appointment as executor and the grant has issued, you can't change your mind and back out later on your own; you'd have to petition the High Court for a new grant naming someone else as executor instead.



  • #3
    MisseyB2014
    Registered Users, Registered Users 2 Posts: 11 ✭MisseyB2014


    Thanks. Really appreciate you taking the time to comment.

    I was surprised that estate agent couldn't/wouldn't answer if for me either. I thought it was quite a straightforward question.

    Do you know the process for reserving your right? I had a look online and can only find forms for renouncing the role of executor. Maybe I don't need to do anything? Maybe simply not signing the application for Grant of Probate precludes me from the process?

    Thanks



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