Removing myself as an executor

elsien

If no one has power-of-attorney for her, and there is a property, then someone should be applying for deputyship to manage her affairs in the meantime. 

Also really not sure how you can carry out the duties of an executor whilst avoiding any legal responsibility for doing so? 

Boxa1511

Hi Elsien, as I mentioned previously, I was just saying that I'm not after avoiding helping out in any way, I just do not want the potential financial burden should anything go wrong following the passing of my Aunt.

elsien

No, but someone has to sort the estate out. So even if not as an executor but via letters of administration, the legal responsibility is the same. 

Unless you feel that the estate is insolvent in which case all of you just walk away. 

Hoenir

Boxa1511 said:

Hi Elsien, as I mentioned previously, I was just saying that I'm not after avoiding helping out in any way, I just do not want the potential financial burden should anything go wrong following the passing of my Aunt.

You delegate as I posted earlier. 

Sea_Shell

Boxa1511 said:

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...

I hope you don't mean me?!?   I meant other people, who would have to step in, if you stepped away.  What might THEY think.  How might it affect your relationships with them, going forward.  I was just saying how walking away might be viewed.    But IF the estate turns out to be insolvent, then everyone should walk away!

Anyway, your post raises many other questions, which will all have a bearing on her estate when the time comes, if not before.   

Is anyone living the in house?  
Who's paying the bills and looking after it?
Who is managing your Aunts Day to Day financial affairs, in the absence of a POA have the care home applied for deputyship? 
Have they put a charge against her house, deferred until she's passed?    If so, I would have thought they'd want to see proof of insurance, to protect the asset.   (would they need to be named, like with a mortgage? - anyone?)
What other family does she have?   Just you?     

tls123

The is a very strange situation. The original poster speaks about we but has not clarified who her family are. If you step down as executor then her next of kin will need to apply for probate. You can’t renounce a role as executor until she has passed hence why the probate office said to take legal advice they weren’t being difficult, you do not know if that will is even a valid or current one she could have made different arrangements since the one you believe names you as executor. Your comment regarding her house sounds strange if she is in a care home then she will have gone through a financial assessment already if you state its value will go to paying for her care then how can you be personally liable on her passing if you think she will have no assets at her death? The local authority can’t chase you personally based on the information you have given. 

Boxa1511

Well, I am genuinely grateful for all the responses, so thanks.
However, I did only ask a simple question and yet about removing my name from being an executor and yet I feel as if I have to divulge my whole.personal life, but here goes (in a nutshel)
My Aunt has no next of kin as such, just a few Neices and Nephews.
My Aunt has been in a Care Home since Covid.
The house has been empty since she went in to a care home
I (think) I am the only executor.
I don't even live in the country at the moment, but I do try to get back from time to time.
I will be responsible for the value of the home should, for example, it burn down in-between her passing and the beneficiaries of the will receiving what is due.
Hope the above helps, I would like to think that there is more than enough information there to decide whether I am able to renounce myself as executor.
Once again though, I am genuinely grateful for all the replies so far, so thanks.

Keep_pedalling

it is possible that her estate will be insolvent by the time she dies as the value of her house may have been eaten up by care costs. It may even have been sold by then if the LA have obtained deputyship.

There is zero point in worrying about this now as you can’t renounce ahead of her death. Being named as executor does not make you responsible for her estate unless you actually start intermeddling with the estate. 

Sarahspangles

Boxa1511 said:

I will be responsible for the value of the home should, for example, it burn down in-between her passing and the beneficiaries of the will receiving what is due.

This doesn’t sound right? If her house burns down you personally don’t have to reimburse the beneficiaries. The responsible thing for an executor to do when someone passes away is to ensure the property is secure and insured. You can pay for the insurance from the estate. When the insurance pays out the estate contains the value of the house plus the payout.

If there genuinely is no value to the estate when she passes away, but the Council have a charge over the property, then you can inform the Council you want to step aside and it’s possible they will take over admin of the estate. I believe you can check this on the Land Registry for a few £ and see if there are restrictions over the property.

CalvinHobs

Boxa1511 said:

Well, I am genuinely grateful for all the responses, so thanks.
However, I did only ask a simple question and yet about removing my name from being an executor and yet I feel as if I have to divulge my whole.personal life...

Posters here ask for additional details, not because they want to know everyone's personal life, but because it can be difficult to offer correct and helpful suggestions without knowing the specifics of a situation.

I don't know what document you signed as a teenager - there is no requirement for someone named as executor in a will to have to sign anything. They do not even have to be told they are named as executor.

Anyway, as others previously posted: There is no process to remove yourself as the named executor of somebody's will while they are alive. Your aunt's will only takes force upon her death - so, until then, although you are named as executor, you do not actually become the executor until she dies.

If I was in your situation, I would wait until she dies and then exercise my legal right to renounce my role of executor. At the same time, I would notify the deceased's closest relatives (in your case - your aunt's nephews and nieces) that I was stepping down as executor: One or more of them may be willing to apply to the Probate Registry to become Administrator of the estate.

Once someone dies and you are named as executor, you can use this form to renounce executorship:
Give up probate executor rights: Form PA15 - GOV.UK (www.gov.uk)

Post the form to:
HMCTS Probate
PO Box 12625
Harlow
CM20 9QE

Form PA15 must be signed by the applicant and an independent witness. So I don't think they provide an option to submit it online, nor to email it in. 

Inevitably, it will take some time between the date the person dies, and you receiving confirmation from HMCTS you are no longer executor of the estate. First you will need an official death certificate, then you will need to locate and retrieve the will to confirm you are named as executor. Then you can send form PA15 to HMCTS.

HMCTS = HM Courts & Tribunals Service - the Probate Registry falls under their remit

I realise you would like to remove yourself completely from this situation before it happens. Unfortunately, I don't think there is way for you to achieve this. So, assuming you are named as executor in your aunt's will, you will need to do some admin when she dies, in order to remove yourself.

More info here:
Form PA15: Give up probate executor rights (legaldocuments.co.uk)