I don’t want to be an executor. What can I do?

The role of an executor can be overwhelming, complicated and stressful. What happens if you have been appointed as an Executor but you don’t want to or can’t take on the role? Luckily, you have options, but only under specific circumstances.

An executor is an individual or individuals appointed by a Will to manage and administer a deceased estate.

The role of an executor (amongst other things) involves ensuring all assets of the deceased are identified, all liabilities are paid and the net proceeds of the estate are distributed in accordance with the deceased’s Will.

You may have been appointed to act either on your own as executor or together with one or more other executors. It is common for a substitute executor or executors to have been appointed to act in the event that the first appointed executor is unable or unwilling to act.

A person can renounce their role as an executor so long as they have not “intermeddled” with the estate. Intermeddling may include taking actions such as, contacting asset holders, paying estate debts and generally dealing with administration of the deceased’s estate.

An executor who wishes to renounce must notify the Court by filing a ‘Renunciation of Probate’.

If an executor has renounced probate, the following individuals can apply to the court to assume the role:

1. A substitute executor nominated under the deceased’s Will but, if no further executor was nominated, then;
2. a beneficiary named in the deceased’s will; or
3. a person entitled on intestacy (circumstances where a person dies with no will), such as the deceased’s next of kin.

If you are an executor and do not want to act as the executor of a deceased estate, our team of expert wills and estates lawyers can assist you with renouncing the role, and advise you on your rights and responsibilities.