Death and Renunciation of Executor

/Death and Renunciation of Executor
Death and Renunciation of Executor 2017-02-19T08:06:33+00:00

Renunciation

Death of one of the executors

If one of two or more executors has died, the surviving executor or executors are entitled to act. Details of the death of the  executor should be obtained as his or her certificate of death will need to be exhibited to an affidavit by the surviving executor or executors in any application for a grant of probate.

Renunciation by one of the executors

If an appointed executor wishes to relinquish his right and title to probate and execution of the will, she or he may formally renounce the executorship. When an application for a grant of representation is made the renunciation should be filed as an exhibit to the affidavit of the applicant. Although intermeddling in the estate’s administration no longer precludes renunciation, it is generally undesirable for a person intending to renounce, to take any part in the estate’s administration.

Reserving power for one of the executors to prove

If one of two or more executors is unable or unwilling to take an active part in the estate’s administration but is reluctant to renounce his right to be an executor, power may be reserved for him to obtain probate at some future time. The application is made by the other executor or executors.