Wills and EstatesWhat If The Will Executor Renounces His Responsibility?

October 30, 2018

When a person dies, they generally leave something behind for loved ones or charities. What they leave behind is collectively called their “estate”.

If they have a Will, their executor must then “administer” their estate in accordance with the wishes expressed in their Will.

In some cases, the named executor doesn’t want the role and they may “renounce” it. This may occur for a number of reasons. The named Executor may feel they are too old, they may be overwhelmed by the responsibility or the relationship to the deceased or the deceased family may have changed.
Where this occurs, this leaves the estate without an Executor.

The law recognises this as a possibility, and allows someone else, who is not named in the Will to administer the estate with the approval of the Court. This person could be the former spouse or relative, or simply an interested person, who might be a beneficiary under the Will.

The person who then wishes to administer the estate must make an application to the Court for a grant of “Letters of Administration”. Once the Court makes the grant, the person can do all the same things as the executor of the Will and carry out the last wishes of the deceased.

An interested person or relative can also make an application for a grant of Letters of Administration where the deceased did not leave a will.
The team at A.L.F. Lawyers can provide you with all the necessary help in determining your needs if you are left the role of executor, or in the situation where a will is not available to give instructions.



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