No one can be forced to act as an executor and you are quite entitled to refuse the appointment before doing anything. However if you have already dealt with part of the estate, (called intermeddling), then you can not resign without a court order to allow you to resign and an order appointing a replacement. It is not simply a case of passing the whole burden onto the other executor who remains or someone else who is willing to take over. It’s unlikely that the court would let you resign because you are fed up of doing it and there would need to be a legitimate reason such as ill-health or that of a family member or a family emergency or death.
If you are suggesting a replacement executor, then the replacement executor would need to have the approval of the beneficiaries and if replacement executor is not acceptable, then the court would usually appoint a solicitor.
It is not a straightforward process. It’s very easy at the outset but as soon as you start to deal with the estate, then getting out of it becomes very difficult.
Can I clarify anything else for you?
Please rate the service positive. It’s an important part of the process by which experts get paid.
We can still exchange emails.
It does make a difference because it means that you are no longer capable but it still needs a court application to replace you.
If you are living in the house which is the only asset of the estate and there are other beneficiaries, then you are liable for an occupational rent, to be paid to the estate. If for example, there are 4 beneficiaries of which you are one, then you would pay three quarters of the occupational rent at the market rate back into the estate for distribution to the others.
That rent would obviously not be distributed to you.
Unless you have experience of court applications, you’re probably better getting it done by a solicitor although there is no legal reason why you cannot make the application yourself. The timescale depends on the court loading but you are certainly into weeks and months and not a few days.
There is no problem with that if the others accept that.
Yes, the same applies. He doesn’t want to deal with it and you don’t want to deal with it and therefore, someone else must be appointed to do the actual dealing.
What you could do is actually both agree to pass the whole thing onto solicitors in that way, the solicitors deal with it and the estate pays the cost. There is no reason for you to actually step down.