Removing myself as an executor

Sea_Shell

A bit unusual then, as I don't think that's a requirement.

AIUI, Anyone can name anybody as their executor, without their permission, or signature!!

However it helps if they are "on board" with your decision to name someone.

But don't worry, I doubt anyone can force you to take it on, regardless of what you've signed, when the time comes.   

Boxa1511

Well, spoke to the Probate Registry via webchat, and they were pretty useless.
Just said I'd have to seek legal advice and then cut me straight off!
Hey-ho...

Flugelhorn

You don't need to sign anything, or indeed be told you are an executor to a will. I only discovered I was my father's exec after his death. 

OP you say you would be happy to "sort things out" but don't want the legal responsibilities - unfortunately, you can't sort anything out without that legal label of exec

"I now wish to remove myself from being executor (I am still happy to carry out all of the duties of being an executor, I just do not wish to have the legal responsibilities attached to it)"

Hoenir

What if the appointed executor does not want to apply?

Any person entitled to probate may abandon that right by signing a renunciation witnessed by a disinterested witness. A renunciation is a document whereby the executor relinquishes the title to the grant. Renunciation must be absolute, that is, without contingency. A renunciation takes effect from the time it is signed but may be withdrawn at any time before it is lodged with the probate registry. Once lodged, it may only be retracted with the leave of a district judge or registrar.

The renunciation, however, does not confer the right to a grant of probate on any other person. If it has been agreed that a next of kin will step in and apply for the grant of probate, then the person applying for the grant of probate may wish to lodge the renunciation document upon application for the grant. It should be noted that an appointed executor may only be able to renounce probate if he or she has not inter-meddled in the deceased's estate.

Boxa1511

HI Flugelhorn,

the only reason I mentioned I was happy to 'sort things out' is because I didn't want it to be seen that I was just walking away from my Aunts wishes for me to be an executor. However, I believe that if anything was to happen to her estate after her passing e.g. her house burn down, then I would be financially responsible to fund the beneficiaries in the will to the tune of the houses value - not so keen on that sort of responsibility!
If that means I do nothing, I'm OK with that, but happy to assist in any way...

Boxa1511

Thanks Hoenir, that's great.
Thanks very much I'll look into that.
The only form I have is the one above, which states about having my Aunt sign it (she is not able to) or after her passing.
I'll look online to see if there is anything else available, unless I can kinda just write don that I wish to renounce my obligations and have someone sign it...

p00hsticks

FlorayG said:

Who will be executor if you remove yourself? There has to be one

Not as such. Assuming that the will is located and the OP is indeed the only executor but relinquishes the role when the time comes, then if probate is required it would be up to someone else - a close relative or beneficiary - to step in and apply for a 'grant of administration with will annexed'. 

Hoenir

Boxa1511 said:

HI Flugelhorn,

the only reason I mentioned I was happy to 'sort things out' is because I didn't want it to be seen that I was just walking away from my Aunts wishes for me to be an executor. However, I believe that if anything was to happen to her estate after her passing e.g. her house burn down, then I would be financially responsible to fund the beneficiaries in the will to the tune of the houses value - not so keen on that sort of responsibility!
If that means I do nothing, I'm OK with that, but happy to assist in any way...

The property would be insured though. As an executor you have the legal right to appoint solicitors to act on your behalf. This will absolve you of any personal liability. 

Sea_Shell

Who is likely to be next in line to administer the estate after you?      

What other family does she have?   Are you (and them) beneficiaries?   

If you are found to be a beneficiary, it would seem a little....how can I say this delicately!... entitled?  to renounce BUT still expect someone else to do it all so that you can sit back and await your inheritance*. 

However, If you are not a beneficiary, then let whoever is crack on.   Otherwise it could just be a lot of work for you, with nothing at the end of it. 



* Obviously if you were unable to carry this out, rather than just unwilling, then that's different.   

Boxa1511

Just catching up and thanks for the replies.
In short to the above posts, there's going to be nothing left from my Aunts assets/wealth, as she has been in a care home since COVID and her estate and any wealth will be paying for that.
Unfortunately, no-one has power of attorney and therefore we do not know whether the house is insured. However, if anything was to happen to the house, I know I'd soon have the local authority chasing me for the money and I don't fancy that. That's the main reason for my concern.
Sea_Shell, no need to be delicate, I have no problem with that at all. It's just judgemental people I have no time for...