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Original poster

All three executors likely to renounce

15 replies

saraclara · 18/04/2024 21:08

I posted a few weeks ago about the rogue executor of my mum's will. She's now pulling out and filling out the form to renounce the role.

There were two other executors, both elderly and ill. I know she intended contacting them to give them the option to reminder for health reasons, but I don't know if she did. That's being followed up.

If they all renounce, what do we do? Neither my brother or I want to do it. My mum's affairs are complex, but ultimately there will be no inheritance for us. So we'd want a solicitor to at least do the probate.

I'm about to go on a very much needed holiday in ten days. Is there anything I need to do now, or can I just ignore it until mid May? Mum died a month ago. I don't know if things have to be put in motion within a specific time.

OP posts:
Original poster
saraclara · 18/04/2024 21:23

option to reminder for health reasons

Option to renounce... Sorry, autocorrect.

OP posts:
LadyGaGasPokerFace · 18/04/2024 21:51

No rush for probate. Have your holiday and enjoy it. Things can get sorted when you get back. Just select a solicitor and they can sort it out.

prh47bridge · 18/04/2024 22:32

If the executors all renounce, the will remains valid, but someone will have to apply to administer the estate. There is an order of priority. Are there any close family members willing to take on the role? Remember that, if the estate is complex, the executors can appoint a professional to help them and pay their fees from the estate.

There is no rush. This can wait until after your holiday.

Original poster
saraclara · 18/04/2024 23:00

prh47bridge · 18/04/2024 22:32

If the executors all renounce, the will remains valid, but someone will have to apply to administer the estate. There is an order of priority. Are there any close family members willing to take on the role? Remember that, if the estate is complex, the executors can appoint a professional to help them and pay their fees from the estate.

There is no rush. This can wait until after your holiday.

I and my brother are all the family there is. And neither of us wants to do it. My mum's affairs aren't simple, but everything left will go to the council towards her £300,000 care debt. So it will be a painful and time consuming process with absolutely nothing for us at the end of it.

It's good to know that there's no rush though. At this point it looks like we, or one of us, will need to apply to be administrator, and instruct a solicitor to take on the probate at least.

OP posts:
RawBloomers · 19/04/2024 01:38

If the estate is insolvent (debts are greater than assets) there is no point in you applying to administer it - there is responsibility and risk there for you personally and you have nothing to gain. Let the council know and they can apply to administer it as the largest creditor.

0sm0nthus · 19/04/2024 01:40

Dont lift a finger!
Let the council do it, no-one can force you to do it OP.

OrderOfTheKookaburra · 19/04/2024 01:49

If everything is going to the council, let them do it.

kaben · 19/04/2024 02:01

If none of the executors act, the beneficiaries can act. If that’s the council, then refer it to them. I’m currently an executor and it’s a surprising amount of work, even for someone whose affairs were both basic and in order. I’ve spent hours and hours and hours sorting stuff out, as well as paying a solicitor ££££.

RawBloomers · 19/04/2024 02:21

kaben · 19/04/2024 02:01

If none of the executors act, the beneficiaries can act. If that’s the council, then refer it to them. I’m currently an executor and it’s a surprising amount of work, even for someone whose affairs were both basic and in order. I’ve spent hours and hours and hours sorting stuff out, as well as paying a solicitor ££££.

Council isn’t a beneficiary, they’re a creditor. But they can still apply to act in these circumstances.

Bromptotoo · 19/04/2024 08:35

If there are no executors able/willing to act then the procedure is to obtain letters of administration with will attached. I did this for an aunt of my Father's as her appointed executors, Dad and a local Solicitor, both pre-deceased her.

No more difficult procedurally then getting a grant in any other circumstances.

As others say, there's no rush that needs affect your holiday.

You say she owes £300k for care fees. Is there money over and above that in the estate for lawyer's fees?

If the main creditor is the Council I'd suggest having a chat with them but after your holiday will be plenty soon enough.

Original poster
saraclara · 19/04/2024 10:56

Bromptotoo · 19/04/2024 08:35

If there are no executors able/willing to act then the procedure is to obtain letters of administration with will attached. I did this for an aunt of my Father's as her appointed executors, Dad and a local Solicitor, both pre-deceased her.

No more difficult procedurally then getting a grant in any other circumstances.

As others say, there's no rush that needs affect your holiday.

You say she owes £300k for care fees. Is there money over and above that in the estate for lawyer's fees?

If the main creditor is the Council I'd suggest having a chat with them but after your holiday will be plenty soon enough.

No, she and I were joint tenants of a rental property which has reverted to me, and which obviously the council will come for and force a sale. But even with that amount added to her (minimal) estate, it won't come anywhere near to the amount owing. Half of it at most.

Thanks for the reassurance about my holiday, everyone. I'll do some research on all this in the coming week, and then try to put it aside and enjoy my trip!

OP posts:
0sm0nthus · 19/04/2024 11:53

I can't understand why you don't wash your hands of it completely OP?

Bromptotoo · 19/04/2024 13:03

So half the house goes to the Council and the other half to you OP?

Original poster
saraclara · 19/04/2024 16:51

Bromptotoo · 19/04/2024 13:03

So half the house goes to the Council and the other half to you OP?

Theoretically, yes. Though who knows, they may well come after the other half as well, for reasons to long to go into. I think councils are so stretched now that they are pulling out all the stops when it comes to care debt. It still won't come near to the debt amount though. The rental is small and in a very cheap area.

OP posts:
Original poster
saraclara · 19/04/2024 16:53

0sm0nthus · 19/04/2024 11:53

I can't understand why you don't wash your hands of it completely OP?

I may well do. The 'resignation' of the executor was something I only heard about last night. So I'm in the early stages of researching how this all works and what to do.

OP posts:
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