An Executor is a named person in a Will who the deceased has chosen to deal with their estate after their death.
Most of the time when someone makes a Will, they will ask their proposed Executor if they would be happy to take on this role so it doesn’t come as a surprise after they die.
However, there are various reasons why you may not wish to be an Executor. It can be a very time consuming, complex and stressful task. One option available is to renounce as an Executor. This means that giving up your right to be an Executor and administer the estate. If there are other Executors named in the Will, they would deal with the estate administration. If there are no other Executors, one of the Beneficiaries would be able to apply to deal with the estate administration.
Another option would be to hold power reserved and allow one of the other Executors to deal with the estate administration.
This option means that you’re still technically an Executor, but won’t be dealing with the estate administration. If you then had concerns that the estate was not being administered properly by the acting Executor, you would be able to step in, and, if necessary apply for a further Grant of Probate so that you could then deal with the administration of the estate.
If you find yourself appointed as an Executor and are unsure of what to do, it’s important that you seek legal advice before you act any further in relation to the estate. You could of course also instruct a solicitor to deal with the estate administration on your behalf. This can take some of the pressure off your role as Executor.
You can contact our Wills and Probate Solicitors in Rochdale to discuss your options.