Executors and Their Duties

Question 1

What is the role of an executor?

Answer 1

Administering the estate, including:

Applying for a Grant of Probate (Form PA1P)​.
Identifying assets and settling debts/taxes.
Distributing the estate according to the will.
Keeping accurate estate accounts.

Question 2

Can beneficiaries remove an executor?

Answer 2

Yes, under s.50 Administration of Justice Act 1985, beneficiaries can apply to the court to remove an executor​. However, PRs cannot be removed without a court order.

Question 3

Can an executor refuse to act?

Answer 3

Yes. An executor can renounce their role before intermeddling by signing a Renunciation.

Question 4

What if an executor does not want to renounce but needs help?

Answer 4

They can:
Appoint a solicitor for assistance.
Apply for a power reserved (if multiple executors).
Delegate administrative tasks to a professional executor.
If the executor is incapacitated or unfit, an attorney under a lasting power of attorney can apply for the grant.
If no executor is available, the appropriate grant is Letters of Administration with Will Annexed (Form PA1P.

Beneficiaries can issue a Citation to Accept or Refuse a Grant, compelling an executor to act​.

If the executor refuses to act, the court can pass them over under s.116 Senior Courts Act 1981​.