Deed of Renunciation

The executor of a will is responsible for the administration of the will writer’s estate after they pass away. What happens though, when the time comes and it proves too much? The executor wants to renounce the responsibility and effectively resign from the executor post. Can they? The answer is yes. By signing a Deed of Renunciation an executor agrees to not act on the wishes of the will writer and therefore not proceed in managing the administration of the now deceased’s estate.

There are lots of reasons as to why someone may want to renounce their executor duties, they could be so struck with grief it is too much to bear, they may not handle stressful and pressurised situations very well or simply do not have the time. If named as an executor and you are having second thoughts whilst the person who appointed you is still alive you should tell them sooner rather than later. They can then appoint someone else and amend their will accordingly.

It is important to note that if you have started the process of administering the deceased’s estate and decide you no longer want to act on this, you can’t then stop once started, renounce or give up the role of executor. In other words where there has been ‘intermeddling’ of the estate, the court will not accept a renunciation request.

As the Deed of Renunciation is a legal document and once signed becomes legally binding it is extremely important that this is handled correctly. For this reason, we strongly recommend the help of a probate specialist who can advise and guide you through the process at what is an already difficult time.