I've Been Named as an Executor. Do I Have to Do It?
Being named as an executor can feel daunting, particularly when your circumstances have changed. We explain the options for getting help, reserving your right to act or stepping aside, and why the steps you have already taken with the estate matter.
5 min readSara Sheppard
You may have agreed to be an executor years ago, at a time when your circumstances were very different.
Perhaps you now have less time, live further away, have health problems or simply feel overwhelmed by the responsibility.
Being named as an executor in a Will does not always mean you have to deal with the whole estate yourself. There are different options depending on whether other executors have been appointed, whether you want to remain involved and whether you have already started dealing with the estate.
This article explains the position in England and Wales.
If the person who appointed you is still alive
If you already know that you would struggle to act as an executor, it is better to raise it while the person is still alive.
They may want to review their Will and appoint somebody else, or add a substitute executor who could step in if needed.
This can avoid uncertainty later and gives the person making the Will the opportunity to decide who they would prefer to deal with their estate.
You can get help without giving up the role
Being an executor does not mean you must personally carry out every part of the administration.
An executor can obtain professional help with tasks such as:
- applying for probate
- gathering information about assets and liabilities
- dealing with tax matters
- corresponding with organisations
- preparing estate accounts
- helping with the distribution of the estate
You may therefore decide that you are comfortable remaining an executor but would prefer support with some or all of the practical work.
It is important to understand that obtaining professional help does not, by itself, remove your responsibilities as an executor.
What does 'power reserved' mean?
Where more than one executor has been appointed, one executor may be able to apply for probate while another has power reserved.
This can be useful where you do not want to be actively involved at the moment but do not necessarily want to give up your right to act completely.
For example, two siblings may have been appointed as executors, but one may be unable to take an active role because of illness or other commitments.
The other executor can potentially proceed with the application while the first keeps the option of becoming formally involved later.
Power reserved is different from giving up the role permanently.
Can you formally give up being an executor?
Yes. In some circumstances, an executor can formally renounce their right to apply for probate.
This is usually dealt with by signing a renunciation, commonly using form PA15.
Renunciation should not be treated casually. It is intended to be a permanent decision and is not simply a way of stepping away temporarily.
If you are unsure whether you may want to become involved later, power reserved may be more appropriate where another executor is able to act.
Be careful if you have already started dealing with the estate
Timing matters.
If you have already become actively involved in administering the estate, you may no longer be able to renounce in the usual way.
The legal term often used is 'intermeddling'.
This can include actions such as using the deceased person's money to pay debts or carrying on their business.
Some practical steps, such as arranging a funeral or taking reasonable action to protect property, do not necessarily have the same effect.
The position depends on exactly what has been done, so it is important to explain your actions carefully before deciding what to do next.
If probate has already been granted to you, the position is different again and you should take advice about the appropriate process.
What happens if nobody wants to act?
The Will should first be checked to see whether any other executors or substitute executors have been appointed.
If nobody named in the Will is able or willing to take the grant, another person may be entitled to apply to administer the estate.
This is not simply a case of choosing whoever the family prefers. There is a legal order of priority that determines who may be able to apply.
The estate will still be administered according to the Will.
Do you lose your inheritance if you renounce?
Being an executor and being a beneficiary are two separate things.
In most cases, giving up your role as executor does not mean giving up an inheritance left to you under the Will.
However, the wording of the Will should still be checked carefully, particularly if a gift appears to be linked to somebody acting as executor.
Decide before the administration gets too far
If you are unsure whether you want to act, try to decide before becoming heavily involved in the estate.
Gather a copy of the Will, find out who else has been appointed and make a note of anything you have already done.
That information will make it easier to understand your options.
You may decide to act with professional help, allow another executor to proceed while reserving your power, or formally renounce.
The right choice will depend on the circumstances.
At SLS Wills and More, we can help you understand what is involved in acting as an executor and the options available if you are concerned about taking on the responsibility. If you are unsure what to do, it is sensible to take advice before signing documents or beginning to administer the estate.
This article provides general information about the law and procedure in England and Wales. Different rules apply in Scotland and Northern Ireland.