Has anyone ever resigned as an executor?

BlondeHeadOn

I am one of two executors for my brother's will, who died last year. I am finding it increasingly difficult to cope with the stress of it all - it is a very complicated will, which leaves most of the estate in trust for the next 9 years, and it was also very badly thought-out and drafted, so that it is becoming very difficult to sort out.

Add to that some VERY awkward beneficiaries, and I am at the end of my tether with it all. I am both self-employed and disabled, and I am finding it too much to do this extra - and unpaid - work on top.

We (myself and the other executor - who is retired and seems to enjoy the complications!) have already appointed a solicitor to help us. I am now thinking of resigning as an executor, and nominating this solicitor in my place.

Trouble is, I am feeling very guilty about thinking like this, and I am wondering whether anyone else has had to resign as an executor? If so, what happened - any advice for me?

I have not yet spoken to our solicitor about this, but am planning to ring him this week. I'm posting here first though !

Mrs_P_Pincher

No reason at all why you shouldn't resign. If you are already coping with self-employment and disability then this nightmare may be too much for you and if your health and sanity are at stake then do it. That is more important.

On the other hand, it may be a pain, but at least if you are an executor you know EXACTLY what is going on, so if that is important, stick with it.

If the solicitor will take the appointment all well and good, although I hope it is not the solicitor who drafted this badly drafted Will, but he/she will charge for everything they do and this may result in additional expense to the estate.

On the other hand, shouldn't the solicitor be doing most of the work anyway? If you and the other executor are still running round in circles, what is the point of having a solicitor in the first place?

Like everything related to law, it is a balancing act and you will need to decide what is important to you and how much cr*p you can take.

I was asked to resign as executor of my grandmother's Will as the two other executirs were both still alive when she died and I agreed to do so on the basis that I would have a copy of the accounts when the estate was finalised. That's a standard situation when there are more executors than you really need.

All the best

Mrs P Pincher (lawyer retired)

moneypooh

I'm going to resign... if it happens.

I've been appointed as an executor in a family will, I discovered this by accident a few years ago. I'm really annoyed as I wasn't asked and I don't like the family members I'd have to deal with should anything happen to the person who has made the will.
I do know that there is another executor, the family solicitor, so they can have the mess.

I realise that my situation may be different but I feel that you should do what's best for you. I know my decision will cause me grief but I'd rather live with that than the problems being executor will cause to me and my family.

I am not bothered by the outcome of the will, so I don't have any personal issues to cloud this for me. However if you want to 'keep an eye' I'm sure you could arrange this with the person you appoint in your place.

BlondeHeadOn

Thank you for these replies, that makes me feel quite a bit better!

I am finding it just to stressful, as it really is a mess and the two main beneficiaries are horrible - I have had either 'hate email' or the phone slammed down on me when I have been trying to contact them (this when I have been trying to be helpful as well!) It's not my fault their father left his affairs in such a dreadful mess.

I am reaching a point where I don't think I can work in their best interests anyway, as I don't like either of them and don't really care what happens anymore - Moneypooh your post was so refreshing, I so understand when you say that you don't like the family members you'd have to deal with!

I am not even bothered about 'keeping an eye' on things, I think I just want out....

Thank you again - and any other views will be gratefully accepted too.

Errata

Hope this helps -

If having any responsibility is not for you and you do not want to be an Executor at all, you can 'renounce your appointment'. This has to be done officially by a solicitor. The one you use will probably need to see a copy of the Will so that the proper wording can be used. Once your appointment has been renounced, you are no longer an Executor and no longer responsible for anthing that happens with the estate

DVardysShadow

BlondeHeadOn wrote: »

.. I am finding it just to stressful, as it really is a mess and the two main beneficiaries are horrible - I have had either 'hate email' or the phone slammed down on me when I have been trying to contact them (this when I have been trying to be helpful as well!) It's not my fault their father left his affairs in such a dreadful mess.

Please do take great glee in telling the beneficiaries that the solicitors fee now comes out of their inheritance.

paddy's_mum

I'd bet money that the will was not drawn up by a solicitor.

Quid to a charity of your choice, OP, if I'm mistaken.

tandraig

my mum was appointed executor of her mums will - she was unable to cope so has appointed me in her place. this was done quite simply through a letter telling the solicitors and both my mum and me signed the form the solicitor gave us.
also - in my OHs family - his bro had a strop on and simply walked away from it! as there was another executor everyone simply agreed to him being sole executor. no probs there.
if you cant or dont want to be executor - you dont have to - my mum didnt even know she had been named as executor and was really stressed. it was simple to sort out and she is quite happy to let me deal with things.

paddy's_mum

This is the second time in this one thread that someone has been nominated as exector without their knowledge or agreement.

I can't believe how anyone could be so arrogant, and the word rude doesn't begin to cover it!

Errata

Sometimes the appointment of an executor can cause a lot of angst and grief in a family if they know who it is before the person dies. It can make a lot of sense not to tell anyone.

pattycake

My brother and my husband were executors of my mother's will. When she passed away last year, my husband immediately renounced the position. This was because his work is overseas and it would have been very difficult for him to carry out the role as he is away for weeks at a time.

The procedure was simply a document drawn up by the solicitor dealing with the probate and signed and witnessed. My brother became sole executor. I was more than happy that should happen.