What happens if an executor wants to resign?

[Kikki21]

For whatever reason/s, my mum did not make me an executor of her will. She used to quite regularly change her will & executors depending on who she has fallen out with at the time.
When I told my cousin K that she was an executor, she questioned it as she thought someone else might be, I said not possible as this other person has been passed away for quite some time!
I get the distinct impression that she does not want this role but if she should resign the position then who else could do it? I’m willing to step up to the plate as I am basically running round, doing everything for it in name unofficially but is it that simple?

There is another executor but they are not local so would have to take time off work to sort things out.

Thank you for any help or advice.

 

[Duggies-girl]

Hi @Kikki21 Your executor can certainly renounce her role but this will not give you the right to take over the role.

I think you need to take some advice before she renounces. Maybe talk to the CAB first. You can Google a lot of info but proper advice may be better. I don't think your cousin should renounce or resign before you have had some advice because the rules are pretty strict when it comes to probate and you don't want to be left with no executor to administer the estate.

 

[Kikki21]

Hi @Kikki21 Your executor can certainly renounce her role but this will not give you the right to take over the role.

I think you need to take some advice before she renounces. Maybe talk to the CAB first. You can Google a lot of info but proper advice may be better. I don't think your cousin should renounce or resign before you have had some advice because the rules are pretty strict when it comes to probate and you don't want to be left with no executor to administer the estate.

Thank you, she isn’t renouncing just yet but it is clear that she doesn’t know or isn’t bothered about what her duties actually are so I think she will lumber me with it anyway.
I know we can sort out the money in my mum’s bank accounts without probate but not the house as that would have to go through probate.

The other executor might have to step in with that.

 

[jugglingmum]

@nitram might be able to help when he is next around. I seem to recall him advising another member of the way to do this.

 

[canary]

Kikki, I really do think that you need to find out about the rules for probate. It is not an informal arrangement, there are legal duties
This might help
https://www.citizensadvice.org.uk/f...he-financial-affairs-of-someone-who-has-died/

 

[Duggies-girl]

@nitram might be able to help when he is next around. I seem to recall him advising another member of the way to do this.

Yes there is a way but I believe the executor has to cooperate and renounce at the same time as a replacement is sworn in. It has to be done right I know that much.

I do feel sorry for anyone who finds themselves in the unexpected role of executor especially if they are not going to benefit in any way. A friend of mine took 3 years to sort out his FIL's estate and said he would never do it again.

 

[Louise7]

This link may help: https://www.gov.uk/wills-probate-inheritance/if-youre-an-executor

From your other post you say that you and your cousin are going to collect the will from the solicitor on Thursday. Probably best if you discuss the position with the solicitor then if your cousin is not clear what her duties are. The two executors should be working together so maybe she can have a chat with the other executor and they can decide roles between them?

An executor can appoint someone to act as their attorney but it has to be done legally, they can't just 'lumber someone' else with their duties.

 

[Katrine]

Have a look at the information on the Gov.uk website:
https://www.gov.uk/wills-probate-inheritance/if-youre-an-executor

From what is written there it seems that your cousin, as remaining executor, could appoint you as her attorney. You would then do all the work, 'on her behalf'. She could choose to appoint a solicitor instead of you, but of course they charge fees. That would be the easiest for you, but in practice you would probably still do quite a lot if you have to gather together the paperwork. Solicitors do drag their feet. I'm still waiting for my mother's solicitor executor to complete probate 18 months after she died.

Alternatively your cousin can resign completely, which would leave you with the job of applying for letters of administration. I would recommend that you contact your local probate office (see the link above). I know that in Scotland it is vital that the executor does not start to act (if they want to resign). If that's also the case in England, then your cousin must not do anything to become active, like visiting the bank or whatever. Seek advice a.s.a.p.

I do feel for you. My mother made life really difficult and expensive by giving POA to people who were unable and unwilling to act. Followed up by appointing as her executors two further people who were unwilling to act when she died, and one of whom would have refused from the start if she had even been consulted. This person had already turned down POA, so that should have been a clue. In the end all the responsibility fell to me, which was what my mother had tried so hard to prevent because she 'didn't trust me'.

It's a foolish game that many old people play, trying to manipulate their relatives by playing favourites. And what's the point, when the chosen ones get no personal benefit from the responsibilities bestowed on them? "Gee thanks, but no thanks" is only to be expected. Being an executor is stressful and tedious, however straightforward the estate. You will find a solution. Once you get the Grant of Probate, either in your own right, or as an attorney, things chug along slowly. Eventually the paperchase draws to an end and you will have completed probate.

 

[jugglingmum]

Yes there is a way but I believe the executor has to cooperate and renounce at the same time as a replacement is sworn in. It has to be done right I know that much.

Yes the executor has to agree to it, but it can be done via paper I don't think they have to be at the same place at the same time