A renunciation must be absolute, and will take effect from the time that it is signed; though it remains possible to withdraw it at any time prior to it being lodged at the probate registry. Once it has been lodged together with the original will, or if this is not available, a verified copy , it can only be retracted with the permission of a district judge or registrar.
The renunciation does not confer the right to a grant of probate on another person. If other executors have been named in the will, the remaining executors can apply for probate as long as the will does not specify a particular number of executors. If only one executor was named and is renouncing, an application will need to be made to the court to appoint an administrator.
Administration Act 1969
Most renunciations are made at the same time as an application for a grant by someone else. Unless an executor has intermeddled, they cannot be compelled to accept the role. However, they can be forced to decide if they will accept the role or not. The high court has the power to summon a person named as executor to prove or renounce probate of the will.
The procedure involves a citation being issued by a person who would be entitled to the grant if the person cited renounced. If the person cited does not respond by entering an appearance, or chooses to renounce, their rights as executors are extinguished. If an executor has intermeddled, six months has passed since the death, and a grant has not been taken, a citation may be issued, forcing the executor to demonstrate why they should not be ordered to take a grant.
If the executor fails to enter an appearance, or to apply for a grant, the citer may seek an order compelling the executor to take the grant. If the executor continues to fail to cooperate, they will be liable to committal to prison.
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It is possible for the person citing the intermeddler to ask for a grant to either themselves or some other person. When preparing a will, it is sensible to discuss with your proposed executors if they are comfortable accepting the responsibility. While there is no guarantee that they will not chose to renounce when you pass away, it is far more likely that they will not do so if you have spoken with them directly. If you have been appointed as an executor and do not wish to accept the role, you should make that decision quickly, ensure that you do not take any steps in the estate administration, and lodge the required renunciation without delay.
How to apply for probate in Ontario - Ministry of the Attorney General
If there are other named executors, you should discuss this with them, so that the renunciation can be lodged at the same time as their application for probate is made. We take a look at the implications of passing without plans. The Department for Work and Pensions has announced that grieving families will now find it easier to receive help with the upfront costs of funerals thanks to a significant change to the Funeral Expenses Payment claims process.
See all wills and probate resources. You may be required to justify why this was an appropriate option to oversight bodies.
- Trustees and Executors Act 1961;
- Trustees and Executors Act ?
- Problems with executors.
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This accreditation supports practitioners with best practice for wills and estate administration. Appointment of a professional executor 24 July Clients who are considering the appointment of a solicitor or firm as executor s must be provided, by the potential executor s , with sufficient information to make an informed decision about the appointment and its related costs.
Clients should be aware of the choice of using either a professional or lay person when appointing an executor, and that if a lay person is appointed, they may engage the services of a professional to assist with the administration of the estate on the client's death. These requirements apply to all methods of will writing services, including face-to-face, online and postal packs.
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- Succession Act, .
- Appointment of a professional executor - The Law Society.
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- Wills and Estates - Law Institute of Victoria;
- Wills, Estates and Succession Act.