Do I have to act as an executor of a Will? Your rights and options explained

Being named as an executor in a will can feel like a significant responsibility and many people aren’t aware that you don’t have to accept the role. If you are unsure, unable or simply uncomfortable taking on the duties of administering an estate, there are several legal options available.

You can decline the role (renunciation)

If you are not comfortable or able to take on the responsibility, you can decline. To do this, you would typically file a formal renunciation with the probate court using a PA15 form. Once you submit this form to the probate office, you can't change your mind later. 

Renunciation is usually straightforward as long as you haven’t started dealing with the estate.

You can reserve your power as executor

If you don’t want to act immediately but may wish to do so later, you can reserve your power.

In this arrangement, the proving executor(s) will note on the probate application that power is reserved to you. This must be recorded in the statement of truth.

If the will appoints partners in a firm as executors, the notice can be addressed to "the partners of the firm" rather than individuals.

Have you already started administering the estate?

If you have carried out any executor duties, such as paying bills, securing assets, or contacting beneficiaries, the process becomes more complex. The court may need to approve your withdrawal, and you may be required to provide evidence of the steps already taken.

If you haven't started handling any part of the estate, it's relatively simple to step aside. If there are other named executors, they can often continue without you. If not, the court can appoint someone else, like a family member or professional. However, if you've already started managing the estate (like paying bills or contacting beneficiaries), the court may need to approve your withdrawal.

If you are the only executor

If you are the only executor and any of your beneficiaries are under 18 years old, or are including a trust, you'll need at least two executors.

Making a decision

Deciding not to act is a serious decision. The deceased chose and trusted you to be their executor and to handle their affairs. 

We can’t guarantee how long it will take to get probate but one submitted last week has already been approved - well done, HMCTS!

The next step

For any advice regarding the above, please get in touch with Jo Goulding at j.goulding@uhy-rossbrooke.com or your usual UHY probate adviser.