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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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If there are two trustees of a Will and one wants to retire

Resolved Question:

If there are two trustees of a Will and one wants to retire as a trustee can the other trustee take on full responsibility or does the retiring trustee have to appoint a new trustee and who agrees who that may be?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Is the Will Maker still alive?
Customer: replied 3 years ago.

No he passed away in April

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

There are 2 options available:

1) renounce without appointing someone else; or
2) appoint someone else to act for them.

The executor who does not wish to act as such and who does not wish to appoint someone else to act as an executor may renounce their appointment as an executor as long as they have not started dealing with the estate. If they wish to renounce their role, they must send a letter to the Probate Registry to this effect.

See here for a template letter:
http://www.daviessolicitors.co.uk/forms_davies/Wills%20&%20Probate/Letter%20of%20Renunciation.pdf

The other option is for the executor to appoint someone else to apply for probate on their behalf, this is done by completing form PA1. The retiring trustee has discretion who to appoint to act in their place.

Hope this helps. Please leave feedback
Customer: replied 3 years ago.

If the retiring trustee wishes to appiont someone that the remaining trusee does not agree with can they object and are they able to then take over as trustee on their own?

Expert:  UKSolicitorJA replied 3 years ago.
The remaining trustee may go to court for an order stopping the retiring executor from appointing someone else in that case.

All the best
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