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Renunciation (Executor)

Also known as: Executor Renunciation, Declining Executorship

Definition

Executor renunciation is the formal process by which a person named as executor in a will permanently declines the role before starting any estate administration work, completing Form PA15 to give up all executor rights.

Once an executor renounces, their rights cease completely as if they had never been appointed. This is a significant legal decision that cannot usually be reversed.

What Does Renunciation (Executor) Mean?

Under the Non-Contentious Probate Rules 1987, Rule 37, renunciation is the formal and permanent relinquishment of executor rights in England and Wales. When someone renounces, they must complete Form PA15 with witness signatures and file it at the Probate Registry. The Administration of Estates Act 1925 confirms that renunciation causes the executor's rights to cease completely—the legal effect is as if they had never been appointed. Renunciation differs from power reserved (a temporary step-back allowing return to the role later) and removal of executor (court-ordered action for misconduct after accepting the role).

The critical timing requirement is that you must not have "intermeddled" in the estate before renouncing. Intermeddling means taking steps to administer the estate—contacting banks, paying debts, distributing assets, collecting estate property, or representing yourself as executor. Sarah contacted her mother's bank to transfer £12,000 for funeral expenses, then realized the £280,000 estate was too complex for her to handle. She could not renounce because she had intermeddled by contacting the bank and transferring funds as executor. Actions that do NOT constitute intermeddling include arranging the funeral, securing property for safety, or gathering papers for safekeeping. If you've intermeddled, the Probate Registry will reject your Form PA15, and you're legally bound to continue or seek court removal under Section 116 of the Senior Courts Act 1981.

While Rule 37 states that renunciation can be retracted with court permission, this requires exceptional circumstances and is rarely granted—especially after a grant of probate has been made to another person. Renunciation is generally permanent and irreversible. However, renouncing executorship has absolutely no effect on your rights as a beneficiary—if you're named to inherit in the will, you still receive your inheritance exactly as specified. These are two completely separate legal capacities.

Common reasons for renunciation include lack of time, living far away, health issues, lack of expertise with complex estates, conflict of interest, family disputes, or not being informed of the appointment until after the testator's death. Michael lived in Sydney with a newborn baby when his uncle in Leeds died. Unable to travel to the UK for 12-18 months of estate administration, Michael completed Form PA15 before contacting any institutions, filed it at the Probate Registry, and his uncle's brother proceeded as alternate executor instead. If all executors renounce, an administrator will be appointed via Letters of Administration. Many solicitors recommend power reserved over renunciation when executors are uncertain about their future availability, as it provides flexibility without permanent commitment.

Common Questions

"Can an executor renounce after they've started dealing with the estate?" No, if an executor has 'intermeddled' in the estate—such as contacting banks, paying debts, or distributing assets—they cannot renounce. The court will not accept renunciation after intermeddling, and the executor must continue in their role. However, arranging the funeral does not count as intermeddling.

"What's the difference between renunciation and power reserved for executors?" Renunciation is permanent—the executor gives up their role completely and cannot reclaim it. Power reserved is temporary—the executor steps back but retains the right to apply for probate later if circumstances change. Most solicitors recommend power reserved for flexibility unless the executor is certain they'll never want to act.

"Does renouncing as executor affect my inheritance under the will?" No, renouncing executorship does not affect your rights as a beneficiary. If you are named to inherit in the will, you will still receive your inheritance exactly as specified, even after renouncing your executor duties. The two roles are completely separate.

Common Misconceptions

Myth: "I can renounce executorship at any time, even after I've started working on the estate."

Reality: You can only renounce if you have not "intermeddled" in the estate—meaning you haven't taken any steps to administer it, such as contacting banks, paying debts, collecting assets, or distributing property. Once you've intermeddled, the court will not accept your renunciation, and you're legally bound to continue or seek formal removal through court proceedings under Section 116 of the Senior Courts Act 1981.

Myth: "If I renounce as executor, I'll lose my inheritance under the will."

Reality: Renouncing executorship has absolutely no effect on your rights as a beneficiary. Under the Non-Contentious Probate Rules 1987, Rule 37, renunciation of probate only affects your executor role—you still inherit exactly as specified in the will. These are two completely separate legal capacities, and you can renounce one while retaining the other.

  • Executor: The person appointed in a will to administer the estate; renunciation is the formal process by which that person permanently declines the role.
  • Power Reserved: A temporary alternative where the executor steps back but retains the right to apply for probate later if circumstances change, unlike permanent renunciation.
  • Administrator: If all executors renounce, an administrator must be appointed via Letters of Administration to handle the estate instead.
  • Grant of Probate: The renunciation deed (Form PA15) must be filed at the Probate Registry alongside the grant application by remaining executors.
  • Removal of Executor: Court-ordered removal for misconduct or incapacity after accepting the role, unlike voluntary renunciation before acceptance.

Need Help with Your Will?

Understanding executor renunciation is important when choosing who will administer your estate. Selecting willing, capable executors and discussing the role with them before making your will helps avoid renunciation situations and ensures smooth estate administration.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.