If an Executor or Administrator of an estate has accepted grant of representation regarding the will and estate of a deceased person, can they change there mind later and decide that they no longer want to the role of Executor or Administrator, even though they have accepted the grant of representation from the court?
The Answer from Solicitors Online
An beneficiary of a will can sue an Executor, as Executors can be personally liable for unpaid amounts or assets not given to beneficiary of a will or a creditor of the estate over which the Executor has been given control over.
No person can be forced to take the role of Executor or Administrator, however if a person has accepted the role they must renounce the role officially.
Executors renouncing their role
An Executor who wishes to renounce their role must do so in writing and sign. They must include a statement that they have not intermeddled with the estate. This renouncement will be effective once it has been filed at the probate registry. The renouncement of their role must be in full, they cannot hold onto any of their powers as Executor.
Administrator renouncing grant of representation
An Administrator, who has been given a grant of representation, can only renounce their role by doing so in writing and signing.
In conclusion, it is possible for both Executors and Administrators to renounce their roles in writing and signing and filing their renouncement with the probate registry.
If you need legal advice about the role of an Executor or an Administrator of an estate, you can speak to one our Solicitors online right now.