Nicole Chadwick, legal director in our wills trusts and probate team, looks at the legal implications of an executor’s refusal to act, the processes available to resolve this, and why early legal advice can make a significant difference.
Understanding the role of an executor
When someone dies and leaves a will, the will usually appoints more than one person to act as executor. The executors are responsible for dealing with the estate which will include a range of steps including applying for probate, paying the liabilities and distributing the estate to the correct beneficiaries.
Acting as an executor is an onerous task which means an executor may sometimes be unwilling to act or feels unable to undertake the role. An executor is not legally required to accept the role.
If your co-executor refuses or is unable to act, it needs to be established if the executor has taken any steps to administer the estate. If they have not, they will be able to formally step down from the role.
To do this, they will need to sign a legal document known as a Deed of Renunciation. This document confirms that they are giving up their role as executor and allows the remaining executors to proceed with administering the estate.
It then needs to be filed with the Probate Registry once the application for probate is made and that will officially bring the executor’s role to an end.
The legal process for stepping down
If the executor has started administering the estate, then they will likely be deemed to have “intermeddled” and an application to the court for permission to step down from the role will be needed.
In circumstances where an executor is simply refusing to engage with the process, and refuses to formally renounce their role, the citation process may be needed to force their hand. A citation is a notice in writing, usually issued by the Probate Registry or a district judge.
It will call for the executor refusing to engage to make an appearance or to take a specific action. If they do not, then the court will then usually allow the other executors to proceed without their involvement.
Seek legal support early
As with all estates, the role of executor can be time consuming and when not all executors are willing to help or are delaying the process, it can make a difficult time even more stressful. One of our previous posts also looks at when to consider the removal of an executor.
We would always recommend you seek legal advice at the start of the administration to ensure you are aware of your duties, understand the steps you have to take and to consider whether it may be beneficial to appoint a solicitor to deal with the administration on your behalf.
If you’re dealing with a reluctant or unresponsive executor, our team can help guide you through the legal options available, contact us on 01772 258 321.