19 February 2026
Associate Sophie Bridgen explains your options as an executor.
When someone makes a will they should have appointed an executor or multiple executors. The role of an executor is to administer someone’s estate to ensure their assets are distributed in accordance with their wishes. As you might imagine, the duties involved impose important responsibilities on the appointed executor(s). Which can be time consuming and stressful. In addition to this, executors can be personally liable if their duties are not carried out properly.
So what are your options as an executor?
Act and instruct a solicitor
The estate administration process can take many months, have unexpected complications and is often an emotionally difficult process. Particularly if the executor has lost a close family member or friend. Instructing a solicitor to assist with the estate administration can provide an executor with comfort in the knowledge that whilst they are still responsible for the estate, an experienced professional is dealing with the day to day work for them, as well as the often complex probate applications.
Choose not to act
If you do not want to act as executor, you can choose to renounce your appointment. This means that you give up your right to act as executor. This is done by way of a Deed of Renunciation. However, it is important to note that if an executor has taken steps to deal with the estate or has ‘intermeddled’ they will not be able to renounce.
Choose not to act, for now
If you do not want to give up your power to act completely, you can choose to reserve your power. This can be useful if, for example, an executor lives abroad and it may not be practical for them to act, but they would like to keep the option to act in the future. The other appointed executor(s) would carry on dealing with the general running of the estate and would apply for probate. If the executor with power reserved wanted to step back in at a later stage, they would need to apply to the Probate Registry for a ‘double-grant’ to be issued.
Appoint an attorney
If there is only one executor and they do not want to act but know someone who would, they could appoint them as their attorney for the proposes of dealing with the estate administration.
Conclusion
An appointed executor may be more than happy to act, or may have been completely unaware the deceased appointed them an executor. Whatever the circumstances, the executor has various options to consider and is not necessarily bound to act. If you require advice regarding your appointment as executor under a deceased’s Will our Probate team is available to assist. Please contact us on 0117 962 1205, by email to info@amdsolicitors.com or through our website www.amdsolicitors.com.
