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Lawry, Solicitor
Category: Law
Satisfied Customers: 252
Experience:  Expert
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My recently late brother announced without asking that I was

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My recently late brother announced without asking that I was to be his executor a few years back.I never agreed formally and never signed any documents. Where do I stand?
JA: What documents or supporting evidence do you have?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am willing to partake but it would have been polite to be asked


My name is ***** ***** I will try and help you today.

I appreciate you feel a little miffed at not having been asked to be an executor.

However, being an executor doesn't mean you have to act.

If you don't want to act you can renounce i.e. step down.

You can do this easily as long as you have not "intermeddled" in the estate i.e .taken any action to sort out the affairs.

You would need to sign a renunciation form and then file it at the Probate Registry along with the application for a Grant of Probate by the other executors.

If however, you feel unable to act but do not want to give up the right to administer entirely there are several options available:-

  • If there are more than two executors appointed you can have power reserved to you. This means that you are not currently acting as an executor but retain the right to take out a grant at a later date if you need to do so.
  • If you still wish to act as an executor but finds the actual administration of the estate too onerous or time-consuming, you can appoint a solicitor to deal with the administration side on their behalf. You as the executor remains in control of the estate but obtaining the Grant of Probate, collecting in the assets, settling the debts and distributing the estate, etc is dealt with by the solicitor.
  • If you want to appoint a solicitor contact the Law Society on 0207(###) ###-####and they can recommend local firms that can assist.
  • I hope this helps.
Lawry and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thankyou very much indeed, this answers my question so now I am closing my account