Do I have to act as Executor if I am named in the Will?
When you make a Will, you can appoint Executors, who will deal with your Estate after your death. For most people, this would be a loved one, such as a family member or friend, or a professional person, such as our expert team at MG Legal.
When you die, these named people would then be able to make an application for a Grant of Probate, which would give them the legal authority to deal with your Estate, such as closing your bank accounts and paying any liabilities.
However, a question that we are often asked by named Executors is whether they have to act in their loved one’s Estate.
Our Wills, Trusts, Tax and Probate Solicitors would explain that even if you are named as an Executor, you do not necessarily have to act. There are a few options available: your co-executor(s) could apply for probate without you – they would need to give you notice of the application, or you could renounce as the executor, providing that you have not already dealt with any administration of the Estate already.
For more advice on applying for Probate, or not acting as an Executor if you have been named in someone’s Will, contact our expert team of Wills and Probate Solicitors online, or contact your local office.