Resigning as Executor

spidercrab · 12 October 2019 at 5:30PM

Hello. Hoping someone can advise on this issue. My ex husband died in June this year and appointed our two sons as executors of his will and sole beneficiaries even though he had hardly seen them since our divorce over 20 years ago. They initially took on the role but although he had no property or assets, it turns out he has very large debts which have been passed to a debt collection company of dubious reputation. I feel this is going to be problematic for them to deal with and think they should resign as executors before they start dealing with these people. Does anyone know if this is straight forward and what is involved? Any comments would be appreciated.

Flugelhorn · 12 October 2019 at 5:35PM

Have they applied for probate?

The can just write to the companies and say that the estate is insolvent and there is no money for the debts.

ETA - there is a sample letter here https://www.bereavementadvice.org/globalassets/pdfs/bac/creditors_letter_no_funds.doc

spidercrab · 12 October 2019 at 5:55PM

Thanks for your prompt reply. Initially they sent copies of death certificate to all companies he owed money to and wrote letters advising that he had no assets at all. They had not applied for probate as we were told that this was not necessary as he had nothing. However, since sending these letters, the debt collection company have taken it all over and I fear they are out of their depth in dealing with this and think they should resign.

getmore4less · 12 October 2019 at 6:38PM

Intermeddling is the term used for the point of no return.

They should stop all communication now and seek advice.

In what way have the creditors taken over.

Are they insisting the named executors administrator the estate?

Keep_pedalling · 12 October 2019 at 7:01PM

getmore4less wrote: »

Intermeddling is the term used for the point of no return.

They should stop all communication now and seek advice.

In what way have the creditors taken over.

Are they insisting the named executors administrator the estate?

I don’t think simply informing the creditors that he died can be classed as intermeddling.

I would simply write a reply stating that the estate is insolvent, that no one is administering the estate and that they will no longer respond to any further correspondence.

spidercrab · 12 October 2019 at 7:33PM

Thanks for responses. I do not think they can be accused of intermeddling as all they have done is notify companies that there are no assets and sent copies of death certificate. I just need to know what procedure is for them to resign, is it complicated and will it be expensive?

Tom99 · 12 October 2019 at 7:48PM

Probably two options.
Who knows there is a will? If only you then just ignore/destroy the will.
Or do it the formal way:
https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/renunciation-as-executor-of-a-will/

xylophone · 12 October 2019 at 8:14PM

https://www.co-oplegalservices.co.uk/media-centre/articles-apr-jun-2019/what-is-intermeddling-in-an-estate/

https://www.thegazette.co.uk/wills-and-probate/content/100321

It seems a matter of opinion as to whether notification counts as intermeddling.

https://www.gov.uk/government/publications/form-pa15-apply-for-renunciation-will

xylophone · 12 October 2019 at 8:15PM

Incidentally, did the deceased have a pension?

spidercrab · 12 October 2019 at 8:34PM

They declared themselves as executors in the notification letters but I can't see that being a problem.

As I mentioned, my ex husband had absolute minimal contact with our sons since our divorce. Therefore, they are not really in the best position to declare information about him - he also lived hundreds of miles away from them and he also had very little contact with the rest of his immediate family. There does not appear to be any paperwork either. I can just see it getting too complicated as the debt collectors are not going to accept that there are no assets without pressing for information that we don't have.

getmore4less · 12 October 2019 at 9:23PM

Notification and enquiries are not automatically intermeddling but for named executors powers come from the will.so any act that can be considered that of an executor(like saying you are an executor) may trigger the obligation to act.

In practice backing off till someone(creditor) takes action to try to force them to act may be sufficient.

Resigning as Executor

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