Removal, renunciation and retirement of personal representatives


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Practice notes

Removal, renunciation and retirement of personal representatives


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert

Practice notes
imgtext

The rights of an executor may come to an end due to their own actions or those of the court.

The rights of a person appointed as executor by a testator’s Will cease if they:

  1. •

    die without having taken out a grant of probate

  2. •

    fail to appear on being cited to take probate, or

  3. •

    renounce probate

A person:

  1. •

    cannot be forced to act as an executor, and

  2. •

    may renounce their right to take a grant so long as they have not impliedly indicated acceptance of the office by intermeddling in the estate

It is irrelevant if an individual had agreed to accept the office of executor during the testator’s lifetime.

An executor may choose to have power reserved to them rather than renounce probate, meaning that they are able to take out a grant at a later date.

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

  1. •

    a grant of probate is revoked

  2. •

    the court removes them as executor and appoints a substitute

  3. •

    a

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Renunciation definition
What does Renunciation mean?

A document providing for the agreed surrender of a lease between the landlord and the tenant

Read more readmore

Popular documents

The chain of representation

The chain of representationWhat is the chain of representation?When an executor takes out a grant of probate in a testator’s estate, they become an executor not just of that testator’s Will but also of any Will of any other individual of which the testator was sole or sole surviving proving

When lodging a claim to propound a Will in solemn form, should the statement as to testamentary documents

When lodging a claim to propound a Will in solemn form, should the statement as to testamentary documents specifically refer to earlier Wills which predate a marriage (even though revoked on the marriage) and should the whole Will file be annexed to the statement or just the Will itself?Grant of

What is the procedure for applying for a limited grant of probate?

What is the procedure for applying for a limited grant of probate?Where the deceased’s estate is solvent, section 113 of the Senior Courts Act 1981 provides that the court may grant probate or administration in respect of any part of the estate, limited in any way the court thinks fit. There are a

Does the Probate Registry require the original signed PA15 or will they accept a copy? Alternatively, can

Does the Probate Registry require the original signed PA15 or will they accept a copy? Alternatively, can a PA15 be signed electronically?HMRC accept a completed form IHT400 from or on behalf of personal representatives which has not been signed, so long as a statement is included to acknowledge