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Where to send Renunciation form PA15.
My wife and her sister are the only named executors in there recently deceased mothers will. The estate needs to go through probate as there is a property involved
They both wish to withdraw from being executors and have completed forms PA15 but I am unable to establish where these are to be sent under the circumstances.
The government website states it should be sent to the new executor that’s taking over but there is nobody in place to do this.
Also who is responsible for finding a replacement executor and what happens if a replacement cannot be found. Does the high court of justice appoint an executer?
For information the estate will probably be insolvent
Can anybody advise me as to where to go from here
Thanks
Comments
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Who is going to administer the estate?
If you've have not made a mistake, you've made nothing0 -
Tho OP says it is likely to be insolvent so presumable no one or a large creditor.
The obvious question is why is an estate with a property in it insolvent? The answer to that should provide a good idea of what to do with the PA15s as they need to be sent to the probate office along with the application by whoever administers the estate.
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I should have looked up the OPs previous threads before replying.
They need to tell the ER company that they are not willing to administer the estate and ask them where to send the PA15s plus the original will so the ER can apply for probate. They will need more info regarding other assets and funeral costs.
Have they done anything with the bank account? Anything other than arranging for funeral costs to be paid directly to the funeral director would be intermeddling which would complicate things rather.https://forums.moneysavingexpert.com/discussion/6651670/probate-poa-and-executors/p1
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I have just edited my question to ask how a new executer is found to replace the executer in the will
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As per your other threads. The ER company will do it.
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Hi,
It doesn't matter, it is not your problem. All you need to do is hang on to the forms (and any other documents which might be useful to an executor) until it is clear who will be doing the job. It might be clear tomorrow, or in twenty years time, you just have to wait and do nothing.
As others have said, it is likely that one of the estate's creditors will eventually step up and do it but that might take years to happen.
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Thanks for your response.
The bank paid for the death certificate and funeral directors direct, froze the account and forwarded the balance to a new account opened by my wife and named as the deceased account. Since then the account has not been touched and will not be until a new executor is appointed
I have emailed the equity release company informing them that the executors named in the will have now completed the PA15 and withdrawn from being executors and asking if they would consider taking over as executors. I am waiting for a response.
What would happen if they refuse and what would we have to do ?
Thanks again
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It is unlikely that they would refuse, it is the only way they can get their money back.
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And you would still do nothing, even if they did refuse. Any enquiries, your response is the same: the estate is insolvent and we are not dealing with it. End of.
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