Removing myself as an executor

GDB2222

Nearly 40 years ago, your aunt made a will naming you as executor. Does anyone even know where that will is? If it can’t be found, then in a practical sense she is intestate, which lets you off the hook. 

CalvinHobs

GDB2222 said:

Nearly 40 years ago, your aunt made a will naming you as executor. Does anyone even know where that will is? If it can’t be found, then in a practical sense she is intestate, which lets you off the hook. 

Fair point.

In 2020, my mum died in a nursing home. I located her will by writing to all of the solicitors in the town where she lived  most of her adult life. One of them replied to say they had a will for her, dating from 1994. The others all replied in the negative. I collected her will from the solicitors' office and - as I suspected - I was named as executor.

To check my mum had not made a more recent will, I paid for a search here:
Search for a Will | National Will Register
The price of a "Will Search Combined" is now £140 - a lot more than it cost in 2020.

The OP could pay for a search of the National Will Register now. Even if the search located a will, they would tell the OP only when it was made and the contact details of the solicitor who drew it up. As far as I know, a solicitor cannot divulge the contents of a will while the person is still living - except to someone who has Lasting Power of Attorney (LPA) for the person in question.

Nevertheless, it would be a "head start". If the search locates a will - then the OP would know which solicitor to contact when the aunt dies. If no will is located, at least they would have demonstrated due diligence and could inform the other nephews and nieces.

Of course, there may be a copy of the will in the aunt's house...

GaryBC

CalvinHobs said:

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)

Just by way of a quick observation here (having spoken to HMCTS this morning) if probate hasn't been applied for the probate office don't want the PA15 as, in their words, without an application to hang it on, it'll just simply disappear. The PA15 goes to the remaining executor(s) to be used as authorisation to apply for probate without you. (No idea what happens if you're sole executor so don't ask!)