Being appointed as a named executor of a will is an important responsibility. It means you have been assigned to ensure that a person’s final wishes are carried out and manage the estate administration process. This can take a lot of effort, and if an executor fails to carry out their duties efficiently, they can face legal disputes or other challenges. What happens if the executors named in a will refuse to act, or feel that they cannot handle the responsibility?

When someone passes away, their will often names an executor to carry out their final wishes and administer the estate in accordance with the law. Serving as an executor can be a complex and demanding responsibility, and there are situations where an appointed executor may be unwilling or unable to act. These situations could include personal reasons, time constraints, or the complexity of the estate. The person who created the will may not have told the executor beforehand, and if they are the only executor named, they will suddenly find themselves with a lot of administrative duties to deal with.

In this guide, the experts at Percy Hughes & Roberts Solicitors will explore the options available to executors who wish to step down, how this impacts the administration of the estate, and the legal processes involved in ensuring the estate is managed effectively. We will also touch on what an executor can do if other executors are failing in their duties, and what beneficiaries can do to have an executor removed.

If you have any questions we have not answered, our expert Wills, Trusts & Probate solicitors are happy to speak to you regarding your query and provide the legal services you need. You can contact us by completing the enquiry form below or by calling 0151 666 9090.

What Is an Executor's Role? 

An executor is responsible for ensuring that the wishes outlined in a will are carried out correctly and legally. The key duties of an executor include:

• Locating the will and confirming its validity.

• Applying for a grant of probate, which gives legal authority to manage the estate.

• Valuing the estate assets, including property, savings, and personal belongings.

• Paying any outstanding debts or taxes, such as inheritance tax and funeral expenses.

• Distributing the estate according to the instructions in the will.

• Keeping detailed records of all financial transactions and decisions made.

• Acting in the best interests of the beneficiaries, and handling the deceased's estate with care and integrity.

This role requires careful management and an understanding of legal obligations, as executors can be held personally liable for any mistakes made during the administration of the estate.

You can read more about the executor’s role here - The Ten Key Tasks for an Executor

What Happens if an Executor of a Will Does Not Want to Act?

An executor is not legally required to take on the role if they are unwilling or unable to fulfil the responsibilities. There are several reasons why someone may decide not to act as an executor, such as:

• Emotional distress, especially if the deceased was a close family member

• Living far away, making it difficult to manage the estate in person

• Lacking the time or expertise to handle the legal and financial complexities involved

If an executor steps down, it can slow the probate process, especially if there is only one executor named in the will. In these cases, the court must determine who will take over the administration. If there is more than one executor, some duties will need to be carried out by the remaining executors.

Without an active executor, you may experience delays in obtaining a grant of probate, which represents the legal authority to administer the estate. This could result in the estate's assets being left unmanaged for longer than necessary.

There are legal avenues available to address these situations:

• The executor may formally decline the role through a legal document and allow others to take over. This is called renunciation.

• In cases with multiple executors, one may choose to step back without renouncing their role entirely. This is called power reserved.

• If no executors are willing to act, beneficiaries or the court may appoint someone else to administer the estate. This can be complicated even if beneficiaries agree on who should act, and more so if they do not agree. 

While these options can prevent the estate from being neglected, the decision of an executor not to act can still cause initial delays. It is important for executors to decide early on whether they are willing to take on the responsibility, so the probate process can proceed without unnecessary complications.

Renouncing the Role of an Executor 

If an executor feels unable to take on the responsibilities of managing an estate, they have the option to formally renounce the role. Renouncing means formally stepping down from the position of executor, which is done by signing a legal document called a Deed of Renunciation. To make such an application, the Deed of Renunciation must be filled in correctly and lodged with the probate registry. Once this has been completed, the renouncing executor is permanently relieved of their duties.

However, an executor can only renounce their role if they have not already started administering the estate. This includes activities like closing bank accounts, paying bills, or managing the deceased’s assets - actions considered as "intermeddling." If an executor has already begun these tasks, they may no longer be able to renounce and will need to continue administering the estate or seek further legal intervention.

Formally renouncing the duties of an executor can provide a practical solution for individuals who feel they cannot commit the time or emotional energy required. But it is a decision that must be made as soon as possible because, once the estate administration process has begun, the opportunity to renounce is lost.

What Is Power Reserved? 

When a will names multiple executors and one of them does not wish to act immediately, they can choose to have "power reserved" rather than fully renouncing the role. This option allows the executor to step back from the day-to-day administration of the estate while leaving the door open to becoming involved later if necessary.

Power reserved is a flexible option for people who cannot commit to fulfilling the executor's duties at the outset due to personal circumstances, such as living far away or a need to deal with other responsibilities. Unlike renunciation, which permanently removes an executor from their duties, power reserved allows the other named executors to proceed with administering the estate while the non-acting executor retains the right to step in at a later stage. 

This option can be particularly useful in cases where one executor is unsure about taking on the full responsibility or where their situation may change over time. If a remaining executor or executors can take up the role, this can prevent delays and keep things moving forwards, while keeping all of the named executors involved to some degree.

What Happens if No Executor Wants to Act?

In situations where none of the named executors are willing or able to act, the administration of the estate can face delays. If no executor steps forward, the responsibility for managing the estate may fall to the beneficiaries or, in some cases, the court may appoint a professional executor or administrator to handle the process.

Here is what typically happens:

• Beneficiaries: If no executors act, the beneficiaries of the estate can agree on who should apply for the grant of probate and take on the role of administering the estate. This person should be a close family member or a trusted individual, and will need to apply to the probate registry to be officially appointed.

• Court-appointed administrator: In cases where the beneficiaries cannot agree, or no suitable candidate comes forward, the court may appoint an administrator. This individual is tasked with managing the estate as a kind of substitute executor: paying all debts and taxes, distributing the remaining assets according to the will, and producing a report to account for their estate administration.

While it may cause some initial delays, the probate process will proceed with either a beneficiary or an appointed administrator managing the estate. The court will aim to make a decision that allows the estate to be properly handled and the wishes of the deceased, as outlined in the will, to be respected.

How Can an Executor Be Removed?

An executor may sometimes become unable or unwilling to carry out their duties after they have started administering the estate. In this scenario, beneficiaries or co-executors may seek to have the executor removed. This is possible, but it is not always a straightforward process. Removing an executor generally requires court intervention and is only granted under specific circumstances where it can be shown that the executor is failing in their responsibilities.

Common reasons for removing an executor include:

• Mismanagement or misconduct: If an executor is mishandling the estate, such as by failing to keep proper records, delaying the process unnecessarily, or even misappropriating assets, they may be removed by the court.

• Conflict of interest: If an executor has a personal conflict of interest that affects their ability to act impartially, they can be removed under certain circumstances.

• Incapacity: If an executor becomes physically or mentally incapable of performing their duties, the court may intervene to appoint a replacement.

To remove an executor, an application must be made to the court, and evidence must be provided to demonstrate that their removal is in the best interest of the estate. The court, under Section 50 of the Administration of Justice Act 1985, has the authority to remove an executor and appoint a replacement, but this is generally seen as a last resort. The court typically prefers to respect the wishes of the deceased by keeping the executor in place unless serious issues arise. If you believe an executor should be removed from their position, you should seek legal advice to determine whether or not you have grounds to do so.

How Can Percy Hughes & Roberts Help? 

Administering an estate can be a complex and emotionally taxing process, especially if an executor is unsure about their role or unwilling to act. 

Whether you are facing challenges with renunciation, dealing with intermeddling, or seeking to remove an executor who is not fulfilling their duties, the probate process can quickly become overwhelming.

At Percy Hughes & Roberts, we understand these difficulties and are here to provide expert guidance every step of the way. Our experienced team can assist executors in navigating their responsibilities, whether that involves stepping down from the role, managing the estate, or resolving disputes.

If you require legal advice in relation to the above or need help with anything else to do with Wills, Trusts and Probate, Percy Hughes & Roberts can help. If you would like to contact one of our expert wills, trusts and probate solicitors you can do so by calling 0151 666 9090 or by completing the “Get in touch” form on this site.