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Renouncing an appointment as executor in a will

The partners in our firm have been appointed as executors in a will. However, we no longer carry out probate work and wish to renounce the appointment. Can we do this?

Where all the partners were appointed executors, rule 37(2A) of the Non-Contentious Probate Rules 1987 (as amended) allows two partners to renounce probate (and administration with will annexed) on behalf of and with the authority of the other partners. The renunciation must recite the authority of the other partners. The executors must not have assumed a duty or performed an act which would normally only be attributable to a person assuming the executorship.

Please see Part B, Section 20 and EP.2 in Part H of the Law Society Wills and Inheritance Protocol regarding having a policy on renunciation for your practice. 

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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