Renouncing as sole executor and also doing deed of variation

PunchandJudie

My husband has been informed that he is the sole executor and sole beneficiary to the estate of his stepfather who died on 18th January. My husband is currently recovering from a serious illness and we feel unable to take on the responsibility of dealing with the estate (he was never asked or told he had been made the sole executor!). He also wishes to make his younger brother the sole beneficiary instead of himself, as his brother had been living for many years with the stepfather (and his mother, who died 7 years ago). The estate is very small, involving a small very run-down terraced house (up North), that may or may not need to be sold to clear some debts. The brother is obviously happy to be the sole beneficiary and both willing and able to take on the role of executor.

We have tried to research things as much as possible and no know that my husband can fill in form PA15 and write a deed of variation in accordance with the checklist and get them both witnessed and send them to the Probate Office. 

We just have two questions really:

Firstly, do we need to send the original will together with the above forms and, if so, would the Probate Office retain the will and match it to the application for Probate when this happens (once the new executor has been appointed and been able to do the necessary valuation of the estate and complete form IHT205). The brother is very concerned not to send the original will in the post, even registered, in case it gets lost, so we have been unable to get it yet (we live about 30 miles away and  are shielding). He does not even want it sent through the post to the Probate Office, but we realise this has to happen. What would be the situation if an original will did get lost in the post?

Secondly, is it possible for my husband to renounce the role of executor and, while he is still the sole beneficiary, choose his brother as the new executor. And then do the deed of variation, making his brother the sole beneficiary. Or does the Probate Office have to choose who will be the new executor? Would it be helpful if the brother wrote an accompanying letter saying he is willing to take on the role? And presumably the Probate Office will at some point say in writing who the executor is, so that they can get on with dealing with the estate. 

We realise that is there was more than one executor named on the will, then the renunciation form can be send when the remaining executor/s apply for probate. But obviously no-one else can apply for probate until the Probate Office say who can be the new executor. We do now want to appoint an attorney as we don't want the ultimate responsibility still hanging over our heads. Any advice would be appreciated. (We've tried the probate online chat but the adviser didn't know what to advise and said to ring them, but after 2 hours on hold we gave up!)

Keep_pedalling

An alternative solution is that your husband appoints his brother as his attorney to carry out the administration on his behalf. See section 5 on form PA1.

TBagpuss

If your husband renounces, the probate office don't appoint anyone new. It's similar to where someone doesn't name an executor, and who would be entitled in that case. You mention that it is your stepfather who has died - does he have any surviving relative whom you know of? If so, they would be entitled ahead of a step-son, to administer the estate,. However, if there aren't, then as the residuary beneficiary (which he will be if you do the deed of variation) I think your brother would b able to apply. 
I think that Keep_peddling's suggestion is best, your husband appoints his brother as his attorney to administer the estate https://www.gov.uk/government/publications/appoint-an-attorney-to-get-probate-if-youre-an-administrator 

getmore4less

Keep_pedalling said:

An alternative solution is that your husband appoints his brother as his attorney to carry out the administration on his behalf. See section 5 on form PA1.

One kink doing that is if the named executor dies the grant becomes null although not sure if anywhere that needs a grant  would pick that up.

PunchandJudie

Thanks for your responses. After another very long wait and being redirected several times we finally managed to speak to someone at the Probate Office who was actually very helpful.
Initially he said that my husband should appoint his brother as his attorney, but we explained that we want to be relieved of the whole responsibility and worry of it all because of his health situation. He agreed that my husband would still have ultimate legal responsibility if he used an attorney.
After checking with his 'manager' he came back to us and said that we should fill in the renunciation form and make out a deed of variation and that these should be sent together with the application for probate completed by the brother and a letter from the brother saying he wishes to take on the role. We were also advised to send a letter explaining why my husband doesn't want to be executor and why he also wants to to make brother the sole beneficiary. All this needs to be sent by recorded delivery with the will and death certificate to our local probate office, not the Harlow one. It seemed strange to us that the brother can complete the probate application before he has officially been confirmed as the new executor, but apparently he can. 
Hopefully this might help anyone else with a similar situation in the future. 

naedanger

PunchandJudie said:

It seemed strange to us that the brother can complete the probate application before he has officially been confirmed as the new executor, but apparently he can. 

It is probably just a technicality. The probate office will take all the forms, first deal with the application of him as a new executor, and if that is approved (which they strongly believe it will be) they can then deal immediately with his probate application. If something came to light so that he was not appointed as executor then the probate application he prepared would be returned unprocessed.