What to Do When the Sole Executor Steps Aside

22 July, 2025 5 minutes reading time

How to Administer an Estate

Dealing with the death of a family member is a profoundly difficult time. The emotional weight is substantial. Sadly, when there are legal complications, particularly concerning the deceased’s estate, the emotional burden grows heavier. A common source of disagreement occurs when the only executor named in a Will is unwilling or unable to carry out their duties, leaving the family in a state of uncertainty.

A Brief Recap of The Executor’s Role

First, let’s briefly revisit the essential role of an executor. An executor is the individual or individuals appointed in a Will to manage the deceased’s estate. The role includes a variety of responsibilities, such as:

1. Gathering assets: Identifying and appraising all property, cash, and possessions of the deceased.

2. Paying debts and taxes: Clearing any outstanding debts, funeral expenses, and inheritance tax.

3. Distributing assets: Ensuring that the beneficiaries receive their inheritances, and that the remaining assets are distributed according to the Will.

4. Obtaining a Grant of Probate: This is a legal document that verifies the executor’s authority to manage the estate.

It’s a substantial task that requires time, effort, and often a solid grasp of legal and financial issues.

When the Sole Executor Says “No”

So, what happens if the only executor named in the Will declines to act? Common reasons include:

1. Feeling overwhelmed or just short on time;

2. Emotional distress is hindering their ability to perform the role.

3. Existing family disagreements; or

4. Lack of mental or physical capacity.

Importantly, nobody can compel an executor to accept the role. Although it is a serious duty, they have the right to “renounce” their executorship. Renunciation involves formally relinquishing the right to act as executor. Renouncing an executorship must be in writing and is generally irrevocable.

What are the Alternatives When There’s No Backup?

In situations where there is no backup, it becomes complicated. If the sole executor renounces and the Will does not name alternative executors, the estate effectively becomes “intestate” for administration. The fact that there is a valid Will does not affect this. In such cases, the law specifies who can apply to administer the estate. This process is known as applying for a “Grant of Letters of Administration (with Will Annexed).”

The order of priority for who can apply is generally as follows:

1. The residuary legatee or devisee (or any trustee of the residuary estate) is simply the person or people who inherit whatever is left of the estate after all the specific gifts have been given out.

2. This includes any other legatees or devisees, as well as creditors of the deceased, such as those who receive specific gifts under the Will or are owed money by the deceased.

3. Any other person who would have been entitled to a Grant of Letters of Administration if there had been no Will. This refers to the order of priority under intestacy rules, which generally prioritise spouses, civil partners, and then children.

Grant of Letters of Administration (with Will Annexed)

The individual or individuals wishing to administer the estate in this situation must apply to the Probate Registry for a Grant of Letters of Administration (with Will Annexe). The process involves:

• Filling out specific forms that require detailed information about the deceased, the estate, and the applicants.

• Swearing an oath, where the applicants confirm their relationship to the deceased and their intention to administer the estate properly.

• Submit the original Will alongside the application.

It’s important to emphasise that the court must be convinced of the applicant’s suitability and ability to fulfil the duties.

“Passing Over” an Executor

In more complex or contentious cases, or if the named executor is refusing to act but has not formally renounced, it may be necessary to apply to the High Court to “pass over” the executor. This is a more complicated legal process in which the court effectively removes the executor’s authority to act and appoints someone else. It is usually a last resort and requires clear justification, such as:

• Unreasonable delay by the executor;

• Concerns regarding the executor’s honesty, capacity, or suitability to properly manage the estate (such as misconduct or inability); or

• A conflict of interest occurs when the executor’s personal interests clash with their responsibilities to the beneficiaries.

• The court will always prioritise the proper administration of the estate and the best interests of the beneficiaries.

Our Advice

Dealing with the death of a family member is difficult enough without the added challenge of an uncooperative executor. Although the situation can be overwhelming, there are clear legal options to ensure the deceased’s estate is managed properly. Understanding these options and, crucially, seeking professional legal advice will help guide you through these difficult circumstances and allow the family to focus on grieving and remembering their loved one. If you need further information about what we have discussed here or about any Wills, trusts, or probate matters, please don’t hesitate to contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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