What happens if two executors are appointed in the will, but only one wishes to obtain probate?
It can be arranged so that the executor who does not wish to take out probate can be asked to renounce his or her appointment. This is a simple document which the renouncing executor signs, and is produced to the Probate Registry with the oath for executors and the original will. It is normal in such circumstances for power to take out a grant of probate at a later date, to be reserved for the renouncing executor. This means that if anything happens to the executor who has taken out the Grant, the renouncing executor can take over.
About the author
Roger Pratt is a Partner and Head of the Private Client Department of Hopkins Solicitors LLP, and a member of the Society of Trust and Estate Practitioners. If you have a legal question on Wills, Probate, Intestacy, Trusts or any related matter, please contact Roger.