PERSONAL REPRESENTATIVES

Question 1

Definition of ‘personal representatives’

Answer 1

The term ‘personal representatives’ (‘PRs’) is a collective noun, encompassing both executors and administrators.

Question 2

3

appointment of executor

Answer 2

1. An executor is appointed by a will or codicil to ‘stand in the shoes’ of the testator, administering their estate according
   to the law and provisions of the will.
2. An express provision should be included in the main body of the will appointing a named executor, or more than one if desired.
3. When ap-pointing a sole executor, the will may (and should) appoint a substitute

Question 3

PERSONS WHO MAY BE EXECUTOR

Answer 3

1. Any person may be named as an executor,
2. Neither a minor nor a person who lacks mental capacity will be granted probate.
3. Testators often appoint their spouse as executor in their will. If the marriage is dissolved or annulled, the appointment usu-ally will be **ineffective **because the former spouse is treated as having died on the date of divorce or annulment. However a contrary intention may be included in the will.

Question 4

2

RENUNCIATION

Answer 4

1. A person named as executor is free to renounce their rights to a grant of probate provided they have not accepted office.
2. As an alternative, an executor who does not wish to act in the estate administration may have **‘power reserved’ **

Question 5

2

Accepting Office

Answer 5

An executor accepts office—and so loses the right to renounce—by** taking a grant of probate** or by** ‘intermeddling’ **in the estate, that is, doing something which shows an inten-tion to accept office. Selling the deceased’s chattels would be regarded as intermeddling.

Question 6

Formalities of Renunciation

Answer 6

A renunciation of executorship must be in writing, be signed by the executor, and contain a statement that the person has not intermeddled. It must be signed** by a disinterested witness**

Question 7

All or Nothing

Answer 7

An executor cannot renounce part of the office—it is an all-or-nothing position.

Question 8

Renunciation Must Be Filed

Answer 8

The renunciation must be filed at HMCTS Probate Service, normally by the PRs who are applying for a grant.

Question 9

Cannot Reclaim

Answer 9

Once renounced, an executor cannot reclaim title to probate unless the court allows them to do so.

Question 10

Does Not Affect Trustee Position

Answer 10

Executors who are also appointed as trustees will remain as trustees despite renouncing the executorship. They would have to disclaim the trusteeship if they wanted to not act as
such.

EXAMPLE
“I do hereby declare that I have not intermeddled in the estate of the deceased and will not hereafter intermeddle therein with the intent of defrauding creditors, and I hereby** renounce all my right and title** to the probate and execution of the said will”.

Question 11

POWER RESERVED

Answer 11

Instead of renouncing, an executor who does not wish to act in the administration of the estate can instead have ‘power
reserved’. This means they will not be involved for now, but if circumstances change—for example, another executor falls ill or dies or changes their mind—they can apply for a grant of probate at a later stage. There would be no automatic
substitution.