Once they have renounced by signing the Deed of Renunciation, their appointment as Executor is cancelled. Someone else – usually one or more of the Beneficiaries named in the Will – will then have to step in and do the job instead.
What happens when 2 executors of an estate disagree?
If disputes cannot be resolved at by the executors even with legal representation, it will likely cause the administration of the estate to come to a halt. In such a case the only option left is to apply to the Supreme Court for court orders and directions.
Can a person who renounces a will still act as an executor?
Who can act as executor if someone renounces The Will may have appointed two executors, in which case the remaining executor can continue to act providing that the Will allows for them to act individually. If no other executors were appointed then an application can be made to the court to appoint an administrator.
Can a spouse be both an executor and a beneficiary?
It’s common for close family members to be named as both an executor and beneficiary in the Will. Spouses will often name each other as their executors but also as the sole inheritor of their estate.
Can a beneficiary of an estate renounce their duties?
However, if they’ve already got the Grant of Probate and have taken steps to administer the estate, this is called ‘intermeddling’, and they are no longer allowed to renounce their duties. If this is the case, they can only step down from their role by applying to the Court.
When to name an executor or beneficiary of an estate?
However, there may be circumstances where it makes more sense to name someone who doesn’t have a beneficial interest in the estate as the executor. Beneficiaries named in wills are often family members, such as the surviving spouse or children of the person creating the will.
