Renouncing Before Death

welshboyed

Apologies if this is a silly question, my wife is listed as an executor for her father who is still with us.

Our circumstances have since changed and we don't live in the UK, she won't be able to be executor from where we are, her sister is also an executor and is still in the UK. 

Does she still need to formally renounce being an executor?

Many thanks

p00hsticks

Yes, I believe she would need to fomally renounce after the death if it's not going to be feasible for her to act. It would be sensible for your father to think about whether there is anyone else that could be named in your place in case anything happened to your sister and then redoing the will to name then instead of you, as I don't think you can nominate additonal executors after the death. I'm also not sure if you can simply do a codicil to the existing will if all that is to be changed is the name of one of the executors.

DancingBadger

I think the way forward is for her father to change his will and appoint another person to act as executor.  The formal process of renunciation is open to unwilling (for whatever reason) executors of an estate once the person who made the will has died.

JGB1955

She could choose to reserve her powers rather than renounce.

pollypenny

As our son lives in the USA we changed executors to daughter and niece. 

Keep_pedalling

Rather than renounce you could simply reserve powers when the time comes.

Mojisola

Keep_pedalling said:

Rather than renounce you could simply reserve powers when the time comes.

But if the sister is unable to do the work when the time comes, that leaves no-one able to administer the estate.

Far better for another executor to be appointed now - it can be a reserve who only takes on the role if the sister is unable rather than a joint executor if their father would prefer that.

Thrugelmir

Might be worth naming a firm of solicitors to cover all bases if there's no one else with the capability to act. Many people aren't confident enough to handle everything themselves. 

doodling

Hi,

Does anyone know if the appointment of executors can be conditional, e.g. "I appoint my wife as executor but in the event that she does not accept that role then I appoint my son and in the event that he does not accept that role I appoint Bloggs and Co Solicitors"?  (I'm sure a solicitor could word that better!).

I would want a solicitor as a fall back but I wouldn't want my preferred executor to have to faff around getting them to renounce.  Similarly I would want only one executor appointed when I die - saves the possibility of expensive disagreement between executors.

pollypenny

I think it's possible to ask a solicitor to handle everything. I did so when my father died, in spite of the estate being straightforward, because one sister was awkward and greedy. 

TBagpuss

doodling said:

Hi,

Does anyone know if the appointment of executors can be conditional, e.g. "I appoint my wife as executor but in the event that she does not accept that role then I appoint my son and in the event that he does not accept that role I appoint Bloggs and Co Solicitors"?  (I'm sure a solicitor could word that better!).

I would want a solicitor as a fall back but I wouldn't want my preferred executor to have to faff around getting them to renounce.  Similarly I would want only one executor appointed when I die - saves the possibility of expensive disagreement between executors.

Yes, you can appoint substitute executors.
welshboyed  you being overseas doesn't mean that your wife can't act as a executor, especially if she is appointed jointly with someone who is living locally. 

Paperwork can be done from anywhere so it's really things  like physically clearing a house which would be difficult.  Is there a specific reason she thinks she couldn't act from where you currently live?

If she is sure, then she could ask her dad to update his will to appoint someone else, but of course he can't be forced to do so.

Alternatively, if you are still living overseas and she still feels unable to act when the time comes then she can either renounce or let her sister deal with it and reserve her own powers.

Perhaps she should also have a conversation with her sister - there would be nothing to sop them, as executors, appointing a solicitor to fo most of the leg work, when the time comes, and she can also discuss how he sister would feel if she were doing most of the work because your wife was overseas, and whether she would prefer to have someone else appointed.

f there is another person your FIL would be happy with then he could appoint them additionally, rather than instead of your wife, that way there would be someone who could help share the load with your SIL and  your wife could reserve her powers, or renounce at that time and still know that there were 2 executors.