Unwilling Executor

[ladybirder]

A person my son knows has named him as an executor of his will, without first asking son if he is willing to fulfil this role. My son is not very happy about this but because the person is terminally ill and only has one other relative, his mother, from whom he is estranged and who also lives in an other country, he reluctantly feels that he doesn't have a choice. This person has sold his house and is now in rented accommodation and is spending his equity from the house as fast as he can which of course is up to him. But he has announced his intention to die owing as much money as he can by running up debts on credit cards etc and to not pay any bills he can avoid paying for as long as he can. So what a lovely mess he will be leaving for my son to sort out. As you can imagine I am furious about it and annoyed with my son for not telling him to go and take a running jump. So my questions are a) can someone be made an executor without agreement and b) if my son does refuse to do it and his name is left on the will as an executor can he be forced to do it? Bit long-winded, sorry. Grateful for any help.

[samak]

Fascinating question.

[boxtops]

If I were your son, I would seek some legal advice about this. It's common decency to ask first before you name someone as executor, as it's a big responsibility. It might be that your son has to write formally to the person stating that he's not willing - but I really think he needs legal advice, many solicitors will give a free 30-minute consultation these days.

[Iggle Piggle]

contact a solicitor a.s.a.p. they can act as executor and take their fees out of the estate.

[bednobs]

if you read the q 3 down from this, it answers about what to do in the situation of an incapable OR unwilling executor

[samak]

Extract I found:

It is important to choose executors with considerable care since their job involves a great deal of work and responsibility. You should always approach anyone you are thinking of appointing as an executor to see if they will agree to take on the responsibility. If someone is appointed who is not willing to be an executor, they have a right to refuse.

http://www.adviceguid...ills.htm#areexecutors

[LoftyLottie]

No your son cannot be forced to be an executor. He just has to relinquish his exectorship (is that a word?) It's a matter of signing some documents.
And someone can be named as an executor without them knowing, but it's polite to ask.

[Barmaid]

Quite simple. In answer to your questions a) yes and b) No.

When the testator dies, you son should do NOTHING! He must not get involved, or try and arrange the funeral or ascertain the value of the estate. Once he is aware of the death, he can refuse to take any action and renounce his right to Probate. Once he has done that (as long as he has not indicated his intention to act or indeed done any act of administration) his renunciation will be valid and it will fall to the next person in line to administer the estate.

[ladybirder]

Thank you so much for your replies. I will have to talk to my son and make him see sense if I can. Glad the answer to b) is No. Thanks again.

[dzug2]

<<contact a solicitor a.s.a.p. they can act as executor and take their fees out of the estate>>

I rthink in this situation a solicitor would refuse to act too - there being no estate for them to take their fees out of. And if your son had instructed the solicitor he would be liable for the fees himself

You son should steer well clear