What happens if both executors renounce?

user1977

newbiechuck said:

I know this is an old post but hoping someone will pick it up?  I understand if the sole executor renounces his power the job goes to one or more of the beneficiaries in the Will but what if that sole executor is the main beneficiary?  There are other beneficiaries mentioned in the Will but they only benefit if the sole executor predeceases the testator, not if he doesn't want to act.  Would the responsibility pass to the potential beneficiaries or have to use a solicitor?

It's normal for the executor to be a beneficiary, if that's your concern. It's hardly a conflict of interest if they're getting the whole estate anyway - who else would care?

elsien

I think their point is that if the main beneficiary renounces another beneficiary would normally step in but there aren't any other clear beneficiaries as things stand. So can someone else administer the will (eg following intestacy rules) or would it need to go to court to have someone else appointed? 

poppystar

newbiechuck said:

I know this is an old post but hoping someone will pick it up?  I understand if the sole executor renounces his power the job goes to one or more of the beneficiaries in the Will but what if that sole executor is the main beneficiary?  There are other beneficiaries mentioned in the Will but they only benefit if the sole executor predeceases the testator, not if he doesn't want to act.  Would the responsibility pass to the potential beneficiaries or have to use a solicitor?

If the other beneficiaries would only benefit if the sole executor predeceases then it is nothing to do with them if he is still alive at the point the testator dies. The sole beneficiary/executor can choose to execute or allow a mess to build up which the person dealing with their estate after they pass will have the joy of unravelling. 

If there is some good reason why they can’t act then they could appoint someone else to deal with it on their behalf either paid as in a solicitor or give someone the power of attorney to deal with it for them. 

elsien

But if he has already renounced, what then? It’s too late for him to then appoint a solicitor or use a power of attorney so the question is still who has the authority to apply for the letters of administration?

newbiechuck

poppystar said:

newbiechuck said:

I know this is an old post but hoping someone will pick it up?  I understand if the sole executor renounces his power the job goes to one or more of the beneficiaries in the Will but what if that sole executor is the main beneficiary?  There are other beneficiaries mentioned in the Will but they only benefit if the sole executor predeceases the testator, not if he doesn't want to act.  Would the responsibility pass to the potential beneficiaries or have to use a solicitor?

If the other beneficiaries would only benefit if the sole executor predeceases then it is nothing to do with them if he is still alive at the point the testator dies. The sole beneficiary/executor can choose to execute or allow a mess to build up which the person dealing with their estate after they pass will have the joy of unravelling. 

If there is some good reason why they can’t act then they could appoint someone else to deal with it on their behalf either paid as in a solicitor or give someone the power of attorney to deal with it for them. 

Thank you for the answer, very helpful.  The only possible reason he may not want to act is because he lives in France with no other siblings/connections in the UK where the testator lives.

Keep_pedalling

newbiechuck said:

poppystar said:

newbiechuck said:

I know this is an old post but hoping someone will pick it up?  I understand if the sole executor renounces his power the job goes to one or more of the beneficiaries in the Will but what if that sole executor is the main beneficiary?  There are other beneficiaries mentioned in the Will but they only benefit if the sole executor predeceases the testator, not if he doesn't want to act.  Would the responsibility pass to the potential beneficiaries or have to use a solicitor?

If the other beneficiaries would only benefit if the sole executor predeceases then it is nothing to do with them if he is still alive at the point the testator dies. The sole beneficiary/executor can choose to execute or allow a mess to build up which the person dealing with their estate after they pass will have the joy of unravelling. 

If there is some good reason why they can’t act then they could appoint someone else to deal with it on their behalf either paid as in a solicitor or give someone the power of attorney to deal with it for them. 

Thank you for the answer, very helpful.  The only possible reason he may not want to act is because he lives in France with no other siblings/connections in the UK where the testator lives.

Then the sensible thing to to would be to get a UK solicitor to do the work.