Solicitor renounced executor role in will

balooney2000

Following the death of a relative myself and a solicitors were named as executors in the will. I requested and the solicitor agreed to renounce their role, mainly for practical reasons as we live over 250 miles apart.

The will contains a clause which states:

"In the will the expression "My Trustee" mean (as the context so requires) those of my executors who obtain probate and the trustees for the time being of any trusts arising under this will"

As the solicitors have provided a deed of renunciation does this mean they have also renounced their role as a trustee?

Brynsam

Yes, just that unless there are any clauses in the will which would determine otherwise. Best way to be sure is to ask them.

balooney2000

There is a further clause in the will which says:

"MY trustees shall hold the rest of my estate on trust for sale on the following terms....."

Does their renouncement mean they have also renounced this role?

Yorkshireman99

balooney2000 wrote: »

There is a further clause in the will which says:

"MY trustees shall hold the rest of my estate on trust for sale on the following terms....."

Does their renouncement mean they have also renounced this role?

Yes it does. For all purpses the eord trustee mean executor or administrator as well. You need to appltyfor letters of administration with the will annexed (attached).

badmemory

Just to be a little cynical - I doubt the solicitor has renounced because of the distance, more likely he realised it wasn't going to be worth his while.

getmore4less

balooney2000 wrote: »

Following the death of a relative myself and a solicitors were named as executors in the will. I requested and the solicitor agreed to renounce their role, mainly for practical reasons as we live over 250 miles apart.

The will contains a clause which states:

"In the will the expression "My Trustee" mean (as the context so requires) those of my executors who obtain probate and the trustees for the time being of any trusts arising under this will"

As the solicitors have provided a deed of renunciation does this mean they have also renounced their role as a trustee?

Yorkshireman99 wrote: »

Yes it does. For all purpses the eord trustee mean executor or administrator as well. You need to appltyfor letters of administration with the will annexed (attached).

Standard probate application they are a named executor.

Margot123

As the solicitors have renounced, they have no involvement now (or at any date in the future) in the role of executor or trustee.
You just need to apply as sole executor, attaching the signed renunciation document with the standard application to The Probate Office.
Make sure you tick the correct boxes on the form. From memory I think it gives choices of A-C: acting/reserving/renouncing.