Renouncing executorship

elsien

Parent renounced and didn’t appoint anyone else. They just filled in the form and walked away. Perfectly doable. 

p00hsticks

elsien said:

Parent renounced and didn’t appoint anyone else. They just filled in the form and walked away. Perfectly doable. 

But what happened to the form ? Did they just keep it and if not who did they pass it on to ?

elsien

I'll have to check with them.  I think they paid to do it through the solicitor who drew up the will although they didn't need to, because they wanted to ensure it was done properly so my guess would be the form is still just sitting there with the will.
In practical terms it meant that the estate has never been administered, although there is property involved -  there are known beneficiaries who could have got letters of administration but have chosen not to do so, and it's now several years later. But that's not parent's problem. 
In OP's case it sounds like the solicitor wants to act for them, instead of them renouncing (touting for business), but walking away may just be the right thing for them if it's unclear about whether there is any money in the estate and/or they just don't want to be involved. There's no obligation at all. 

fifidub

Elsien, you are correct in your assumption about the Solicitor wanting to act on my behalf.  My concern is if the estate is insolvent, I will have a bill to pay.  There are a number of other anomalies that have come to light that make me think I need to steer clear.

getmore4less

Any known residual or major beneficiary?

They become first in line after named executor(s)

The HA or any other creditors may also be able to administer.

fifidub

getmoreforless, there are 3 residual beneficiaries but I don’t know if they are children as there is mention of keeping inheritance in a trust until they are 18.   The HA will have to empty the property as I have renounced and refused chattels now.  The HA are still attempting to find the key or key safe pin after 3 plus weeks as deceased was in respite care when she died.  A fiasco all round 🙄

Ineedadvice1

Hi. Can anyone advise me what to do next.

My friend (+lodger) passed away last week and has debts much higher than his estate value. He made me sole executor and beneficiary.i want to renounce the executorship.

I have arranged a modest funeral and been told to take the invoice (addressed to me ) to the bank who will pay from his estate. I have to register the death on Monday.

I have completed form Pa15 - do I need to send anything with it?

If I inform the bank of his death,or ask them to pay for the funeral have I intermeddled?

I have spoken with a Dignity probate specialist who gave me wrong information. I have also spoken with a solicitor who will note open a file due to the complexity of the case. I can't afford to pay solicitor myself, nor to complete executor duties and make myself liable.

I'm at a complete loss of what to do and terrified of becoming culpable through lack of knowledge.

doodling

Hi,

[ You should really have started your own thread for this rather than responding to an old one.]

Telling people that someone is dead is not intermeddling, nor is paying funeral expenses from either cash the deceased may have possessed or money held in a bank account. Make sure the bank only gives you what has been spent on the funeral.

Dealing with the deceased's property (e.g. selling it to raise money for the funeral) would be intermeddling.

The only complication you have is that presumably as they were your lodger then you have a room full of their stuff. You are allowed to deal with this as their landlord but dealing with it as the executor would be intermeddling. Does the deceased have any family you could ask to clear any of the stuff the deceased has left in your house? That would be on the basis that you are a landlord with a load of stuff you don't want, not on the basis that you are an executor executing the estate. Otherwise treat their stuff the as if they suddenly disappeared rather than died.

You don't do anything with a PA15 until someone else wants to execute / administrator the estate, if that happens then that person will need it. Put the PA15 in a drawer with the will and wait (depending on the assets left by the deceased you may be waiting forever).