Give Up as Executor: Renunciation, Power Reserved or Professional Help?
I don’t want to be the Executor!
Being named as an executor in a Will does not necessarily mean that you have to do all the work yourself.
If you do not want to deal with the estate, there are several possibilities. Which one is appropriate depends on whether there are other executors, whether probate has already been applied for, what you have already done in relation to the estate, and whether you may want to become involved later.
The main options are:
- Renounce as executor – formally give up your right to act.
- Have power reserved – step back for the time being while retaining the possibility of applying later.
- Appoint someone to act on your behalf – possible in certain circumstances.
- Remain executor but use professional probate help to carry out much of the practical administration.
Don’t want to deal with the probate work?
You may not need to give up your position completely. Depending on the circumstances, professional probate help can take much of the administration off your hands while you retain appropriate involvement.
Do I have to act as an executor?
No. Being appointed as an executor does not force you to apply for probate.
However, it is sensible to decide what you are going to do before becoming heavily involved in administering the estate.
If there are several executors, it may be possible for one or more to apply for probate while another has power reserved. An executor may alternatively decide to renounce.
Option 1: Renouncing as executor
Renunciation is the formal process of giving up your right to act as executor.
HM Courts & Tribunals Service provides Form PA15 for this purpose.
GOV.UK – Form PA15: Give up probate executor rights
Think carefully before renouncing
Renunciation should normally be regarded as a serious and potentially permanent decision.
It is not quite correct to say that a renunciation can never be reversed. The probate rules allow an application to retract a renunciation with permission from a District Judge or Registrar. However, once a grant has been made to another person, permission will only be given in exceptional circumstances in some cases.
For practical purposes, you should therefore not renounce on the assumption that you can simply change your mind later.
Be careful about intermeddling
An executor considering renunciation should also be careful about becoming too involved in administering the estate.
Intermeddling broadly means acting in a way which amounts to taking on the executor’s role, for example dealing substantively with estate assets, paying estate debts or distributing assets.
Some protective or practical actions after a death will not necessarily amount to intermeddling. Arranging a funeral, securing property or taking reasonable steps to preserve assets are different from actually administering the estate.
The distinction can sometimes be important. The probate rules allow a person interested in an estate, in certain circumstances, to issue a citation against an executor who has intermeddled and require them to show why they should not take a grant.
If you are unsure whether what you have already done prevents or complicates renunciation, take advice before signing PA15.
Common reasons for renouncing
- Time: administering an estate can take many months and sometimes considerably longer.
- Distance: the executor may live far away or overseas.
- Complexity: the estate may contain trusts, businesses, tax issues, foreign assets or difficult property.
- Family disagreement: relationships between executors or beneficiaries may be strained.
- Personal circumstances: age, work commitments or other responsibilities may make the role impractical.
- Emotional strain: dealing with an estate while grieving can be difficult.
Option 2: Power reserved
If there is more than one executor named in the Will, an executor who does not want to apply for probate immediately may be able to have power reserved.
This means another executor or executors obtain the grant while you remain named as an executor but do not join in the initial probate application.
You should tell the executor making the application in writing that you wish to have power reserved.
GOV.UK guidance where there is a Will
Why might power reserved be preferable to renunciation?
The main advantage is flexibility.
You are not taking part in the original probate application, but you have not permanently surrendered your right to apply.
This can be useful where you are happy for another executor to deal with matters but want to retain the possibility of becoming involved if circumstances change.
Can an executor with power reserved later become involved?
Yes.
If probate has not yet been granted, the position may be relatively straightforward and should be discussed with the other executors before the application proceeds.
If probate has already been granted to the acting executor or executors, an executor to whom power was reserved may subsequently apply for a further grant. This is commonly referred to as double probate.
Once an additional grant has been issued, the executors may then need to act together in relation to matters requiring the authority of the personal representatives.
Renunciation or power reserved – what is the difference?
| Renunciation | Power Reserved |
|---|---|
| You formally give up your right to act. | You step back while retaining the possibility of acting later. |
| Usually completed using PA15. | The applying executor records that power is reserved. |
| Should be treated as a serious, potentially permanent decision. | Designed to retain flexibility. |
| Reversal may require permission and cannot simply be assumed. | A later application may be made, including double probate after the original grant. |
Option 3: Appoint someone to apply on your behalf
There are circumstances in which an executor can appoint another person to apply for probate on their behalf.
HMCTS uses Form PA11 – Power of attorney (Will).
Current GOV.UK guidance says an executor can use this route where:
- they are the only executor named in the Will; or
- other named executors have either had power reserved or have renounced.
This is different from simply employing a solicitor or probate practitioner to help administer an estate. Executors frequently obtain professional help without giving the professional a grant in their place.
Option 4: Stay as executor but get professional help
You may not need to renounce, reserve power or appoint an attorney simply because you do not want to do all the paperwork yourself.
An executor can obtain professional assistance with some or all of the estate administration.
This might include:
- valuing the estate;
- Inheritance Tax work;
- preparing the probate application;
- contacting banks and investment companies;
- dealing with property;
- settling liabilities;
- preparing estate accounts; and
- distributing the estate.
The appropriate arrangement depends on the estate and exactly how much responsibility the executor wants to retain.
Want someone else to handle most of the probate work?
Costs for probate work vary considerably. We can help you compare appropriate professional options rather than assuming you must either do everything yourself or completely renounce.
What if I am the only executor?
If you are the sole executor, power reserved is not the same option that it is where another executor is applying.
Depending on the circumstances you may instead:
- act as executor and obtain professional assistance;
- appoint someone to apply on your behalf using the appropriate power of attorney procedure; or
- renounce, allowing someone else who is legally entitled to seek the appropriate grant.
Renouncing as sole executor can affect who is then entitled to apply, so it is sensible to establish what will happen before signing a renunciation.
What if the person who made the Will is still alive?
If the person who made the Will is still alive and has the necessary mental capacity, there is no need for the prospective executor to renounce anything.
The person making the Will can simply make a new Will appointing a different executor.
A properly drafted codicil can sometimes change an executor appointment, although making a replacement Will is often cleaner where other changes are also required.
An executor’s legal authority under the Will does not begin while the person who made the Will is still alive.
What if there is no Will?
If there is no valid Will, there is no executor. Instead, the person entitled under the intestacy rules may apply to become the administrator of the estate.
The order of entitlement is governed by law. A surviving spouse or civil partner will normally have priority, followed in appropriate circumstances by children aged 18 or over.
If the person with priority does not want to administer the estate, the options are not identical to those applying to executors under a Will.
Appointing someone where there is no Will
The most entitled person can in appropriate circumstances use Form PA12 to appoint someone to administer the estate on their behalf.
Giving up administrator rights
Where a person dies without a Will and leaves a spouse or civil partner and children, HMCTS provides Form PA16 for a spouse or civil partner who wishes to give up their priority to administer the estate so that an adult child can apply instead.
Other intestacy situations can be more complicated. GOV.UK recommends speaking to a probate practitioner where the standard PA16 situation does not apply.
GOV.UK – applying for probate where there is no Will
What does “intermeddling” mean?
Intermeddling generally means becoming sufficiently involved in the administration of the deceased person’s estate that you have effectively started acting as executor.
Examples may include:
- collecting or disposing of estate assets;
- paying estate debts as executor;
- distributing money or belongings to beneficiaries;
- selling estate property in the capacity of executor; or
- continuing to operate the deceased’s business as personal representative.
However, necessary protective steps are not automatically the same thing. Arranging the funeral, securing an empty home, protecting valuables and taking sensible action to prevent loss may be necessary before the executor has decided how probate will be handled.
The boundary can depend upon exactly what has been done, so an executor who is considering renunciation after already dealing with estate assets should obtain advice.
What if executors disagree?
Problems sometimes arise because one executor wants to proceed and another refuses to cooperate, delays matters or takes a different view about how the estate should be administered.
That situation is different from an executor voluntarily deciding to reserve power or renounce.
Where there is a genuine executor dispute, particularly where estate assets are at risk, legal advice may be needed.
Information about probate and Will disputes
Should I renounce as executor?
There is no single answer.
If you are certain that you do not want any involvement, renunciation may be appropriate. But if you simply do not want the burden of dealing with the estate personally, power reserved or professional assistance may preserve more flexibility.
Before renouncing, it is particularly sensible to check:
- who will apply instead;
- whether you have already become involved in administering the estate;
- whether family disagreements are likely;
- whether the estate is complicated;
- whether you might later regret permanently stepping aside; and
- whether professional assistance would solve the real problem without the need to renounce.
Need probate help?
You do not necessarily have to choose between administering the whole estate yourself and walking away completely.
If you would prefer professional help, we can help you find an appropriate probate service and compare the likely costs.
Request probate help or probate quotes
Duties of Executors |
Removing or replacing a professional executor |
Probate disputes
This page relates to probate in England and Wales and provides general information. The correct procedure can depend on the Will, the number of executors, what has already happened and the circumstances of the estate.
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