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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10395
Experience:  I have been practising for 30 years.
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I have been appointed as executor of my mother's Will, (she

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i have been appointed as executor of my mother's Will, (she is still alive) but do not wish to undertake this role. How do I renounce it?

Why doesn’t she simply write a new will or do a codicil to the original one? Does she no longer have mental capacity?

Customer: replied 1 year ago.
She does have mental capacity but is unlikely to want to write a new Will. It is also extremely unlikely that anyone else would be willing to act as Executor, as the estate may be insolvent

As she has no assets and the estate is insolvent, why does she need a will? It would then just be dealt with under the terms of intestacy.

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Customer: replied 1 year ago.
Hello Mr Smith, and thank you for the information given in our telephone conversation. To clarify matters in my mind, if both my self and the other named executor renounce the role, does the Will still get sent for probate, and if so, who would act as Executor? If the Will is not sent for probate, how would the Estate be settled?

If no one does anything about it, the whole matter gets left in abeyance. To be honest, with an insolvent estate, it’s not uncommon. If the property is in negative equity, it would just get repossessed and sold. It depends whether it is in negative equity or not.