Renouncing executorship

fifidub

I value your help please. I have been made an executor of a will without my knowledge.  I want nothing to do with the deceased person’s estate.  There is a second executor listed should I not want to act, that cannot be traced.  The will advises that I receive a fixed sum and the chattels.   The solicitor who drew up the will wants to be appointed to act on my behalf.  I cannot afford to incur any financial burden and have no idea about what the estate is worth, if anything.  What if it is insolvent? The deceased lived in a HA property and the HA are pressuring to have the property returned to them.  What do I need to do to wash my hands of this? I understand a renunciation of executorship can be completed with the Probate Office.  I do not know if probate will be necessary.  Do I still renounce executorship with the Probate Office?   Thank you in advance!

RAS

This is the form you need to complete. Not sure who you give it to however? Probably the person who now wats to be executor.

Form PA15: Give up probate executor rights - GOV.UK (www.gov.uk)

fifidub

Thank you for your reply 🙂 The who to give the PA15 to is my issue 🤨 There isn’t a Solicitor appointed.  I can’t incur any potential Solicitor’s bill should the estate be insolvent. I do not want to appoint a Solicitor, I just want to walk away from this situation.

Sea_Shell

Just walk away then!  And if anyone approaches you about it, hand them the form.

Or is that oversimplifying things?

fifidub

Thank you Sea_Shell, my thoughts exactly! I just don’t want anything coming back to me in the future because I am unable to renounce executorship by giving the form to an appointed solicitor as there isn’t one cos there’s nobody to appoint one 🙄

Sea_Shell

I'm assuming you haven't already done anything that could be classed as have already "intermeddled" in the estate?

If you wanted, you could give the completed form to the solicitors who drew up the will, so they can appoint themselves to deal, should they choose to.

fifidub

Sea_Shell, I haven’t intermeddled at all.  Thank you for your reply, it is what I thought but needed clarification about who the renunciation goes to. I will download the form and send to the Solicitors.  🙂

Sea_Shell

Maybe wait and see what other responses you get here...I may have it wrong😉

I'm sure someone will be along shortly to "put us right" if I have!

TBagpuss

They can't appoint themselves - however, by providing them with the form (maybe send a copy to the probate office as well?) you  can walk away.

Assuming that you don't want the chattels you can also state that you are refusing that part of the legacy (or, f you feel that the lump sum was intended as payment for acting as executor, that you are refusing any legacy)

Otherwise, and unless the gift was conditional on you acting, you would still be entitled to receive the legacy even if you don't ct as executor. 

fifidub

TBagpuss, thank you for your reply 🙂 I shall send a PA15 to the probate office and a copy to the solicitor who drew up the will.   Hopefully I will hear no more of this.  If nothing else, it has made me determined to sort my own affairs out so no one has this nonsense to deal with.

molerat

Pretty much covers all bases and in line with what you plan above

https://www.gov.uk/government/publications/form-pa15-give-up-probate-executor-rights

https://www.gov.uk/applying-for-probate/if-youre-an-executor