Has anyone ever resigned as an executor?

tandraig

paddy's_mum wrote: »

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!

you dont have to ask anyone to be an executor of your will! and for some reason I think older people think its an honour! (actually, its mostly a pain in the !!!), my mother in law once told me she had named her oldest son as executor (even though she knew no-one else was speaking to him) because she said ' he would expect it being the oldest and I dont want to upset him'!!!!!!!!!!!!!!!! good thing she had named another son as co-executor as when he found out he wasnt getting everything he had a strop on and refused to do anything!

Savvy_Sue

You can renounce your position but reserve powers, which can be useful as it means you can keep an eye on things.

sp1987

If you feel the position is grinding you down and is not something you feel 100% committed to, do not continue.

I would renounce in your position, 100%. Although a solicitor is far from free, you have one to advise anyway...not having to consult with you before going ahead with things may work out cheaper timewise than currently, too.

Some people are honoured and delighted to be an executor (or at least want to continue), some people cannot believe how unlucky and put upon they have been (whether they know in advance or not) and cannot wait to be away from it. Only one of those sets of people should continue with it.

You sound like you really do not need the stress either with other things going on!

paddy's_mum

I accept that a testator doesn't need consent to nominate someone as executor. Hoever, given that there are strict rules about doing the job properly, sanctions and punishments if you get it wrong, and that it usually involves hours and hours of unpaid work - surely, anyone with all their marbles would at least first check whether the person they propose to nominate would be willing to take the task on?

From all I've heard over the years, many executors don't even get so much as a small bequest as a thank you. I'm pretty sure that if I was landed out of the blue with the executorship of a possibly complicated estate with a possibly feuding family, I'd be feeling sp1987's 'put upon' - very far from grateful for the honour, although clearly it is indeed a testament to one's honesty to be so nominated.

Doesn't it make sense to ask from another point of view, too? When (as BlondeHeadOn apparently intends to do) an executor can decline to accept or resign an executorship, isn't it better to avoid uneccessary complications coming at a time when people are already upset and perhaps less tolerant of any 'nonsense' during their bereavement? If the appointment of one sibling over another is going to cause hateful squabbles and acrimony, wouldn't it be wiser to appoint someone outside the immediate family circle, even if the estate then has to pay that person reasonable fees? Is it better to be a couple of grand down rather than risk vicious fights and a shattered family circle?

I wouldn't expect my daughter and her fiance to tell me all about the plans and arrangements for their grandiose and lavish wedding and then, without so much as the courtesy of asking my agreement, start sending all the bills for me to pay simply on the basis that traditionally the bride's parents pay for the wedding. On a similar basis, I think that to appoint someone as executor without their knowledge or consent is both arrogant and rude - what happens if you appoint two executors, with perhaps another couple as alternatives, and not one of those people is willing or able to act? That's a mess to clear up, isn't it?

hjb123

see the OP orginally posted the query almost 2 years ago - and the thread was bumped last week.

Wonder what happened as probably OP has it sorted now?