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Stepping down as executor of a will - anyone? Mumblechum, are you about?

(4 Posts)
Wigeon Fri 06-Feb-15 14:24:59

Has anyone got any experience of stepping down as executor of a will?

The brief background: a couple of years ago, my elderly relative asked me to be her executor. She checked my dad (who was down as executor before) was ok with this and he was. She also told her carer/ friend that she wanted me to do it.

She has just died, and we can only find an old will which appoints my dad and his brother (ie my uncle) as executors. We think she never got round to updating her will in order to appoint me as executor. The problem is that my uncle is in India for the next few months and he and my dad are barely on speaking terms. And the thought of them having to work together on something like this is awful for everyone.

So ideally they would both step down and I could do it.

I have googled and it seems possible for an executor to have "power reserved" and appoint someone else (eg me) to do all the legwork (whilst retaining the executor appointment themselves), or to "renounce" and step down altogether. But not sure what happens if neither executor wants to act, or how difficult the process of stepping down is.

Anyone been through this?

caroldecker Fri 06-Feb-15 14:55:28

AFAIK an executor can get anyone they want to do the work - they often employ a solicitor, but they would be responsible for the actions of the person they use. i think thye can also refuse before any work is done.

Wigeon Fri 06-Feb-15 19:11:48

Thanks. Anyone been through a similar situation?

Wigeon Sun 08-Feb-15 09:12:15


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