{"id":230148,"date":"2025-10-28T13:27:08","date_gmt":"2025-10-28T13:27:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/uk\/230148\/"},"modified":"2025-10-28T13:27:08","modified_gmt":"2025-10-28T13:27:08","slug":"youve-been-named-executor-of-an-estate-what-if-you-dont-want-the-job","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/uk\/230148\/","title":{"rendered":"You\u2019ve been named executor of an estate. What if you don\u2019t want the job?"},"content":{"rendered":"

Open this photo in gallery:<\/a><\/p>\n

Debbie Stanley, CEO of ETP Canada, estimates the average executor spends about 400 hours managing an estate over two or more years.Getty Images\/iStockphoto<\/p>\n

Being named an executor is considered an honour by some people. But what if you don\u2019t want the job of being in charge of someone\u2019s will? <\/p>\n

In some cases, estate planning experts say people don\u2019t find out they were named an executor until the testator \u2013 the formal name for the person who wrote the will \u2013 has passed away. Or the will might be outdated, and the executor is a former spouse who doesn\u2019t want anything to do with managing their ex\u2019s estate. <\/p>\n

Some people might also decide that they just don\u2019t want to commit possibly hundreds of hours, potentially over several years, dealing with banks and beneficiaries, as well as lawyers and companies \u2013 not to mention the liabilities if the executor is found not to have acted in the best interest of the estate and its beneficiaries. <\/p>\n

The good news for anyone unable or uncomfortable with being an executor is that they\u2019re not legally required to do it \u2013 not if they back out early enough. You can also hire a corporate trustee, typically a trust company, to handle all the details of your estate if you don\u2019t want to put the burden on your loved ones. <\/p>\n

\u201cJust because you\u2019ve been named in somebody\u2019s will doesn\u2019t mean that you have to do it \u2013 and that sometimes gives people peace of mind,\u201d says Debbie Stanley, CEO of ETP Canada, a professional executor company based in Guelph, Ont. <\/p>\n

Why you should tell your kids how much inheritance they\u2019ll get<\/a><\/p>\n

Ms. Stanley encourages executors, especially those who are surprised at being thrust into the role, to think hard about whether they can manage the responsibility before moving forward. She estimates the average executor spends about 400 hours managing an estate over two or more years.<\/p>\n

\u201cPause and then decide. You can also read the will, ask questions, then realize, \u2018No, this isn\u2019t for me.\u2019 That\u2019s okay,\u201d Ms. Stanley says.<\/p>\n

No \u2018intermeddling\u2019<\/p>\n

The process of being removed as an executor depends on the circumstances, says Akua Carmichael, vice-president of estate planning and services at Estate Stewards Inc. in Toronto.<\/p>\n

For example, a person named in a will as an executor can refuse the appointment by signing a legal form called a renunciation, as long as they have taken no action to deal with the estate of the deceased or applied for probate. The latter is the legal process of validating a dead person\u2019s will and affirming the executor\u2019s authority to deal with the estate. <\/p>\n

However, executors can\u2019t simply back out if they\u2019ve started dealing with the estate\u2019s assets, or what in legal terms is known as \u201cintermeddling.\u201d This means a person has managed an estate to the extent of maybe paying bills and debts, dealing with banks and consolidating assets, indicating they\u2019ve accepted a certain level of responsibility and, in turn, liability for the estate. <\/p>\n

\u201cThe person may still be able to resign, but they will likely have to go to court and get approval,\u201d Ms. Carmichael says.<\/p>\n

If a replacement executor is required, Ms. Carmichael says, ideally the current executor would obtain and provide the court with documented consent from the person or entity, such as a trust company, willing to act as their replacement. <\/p>\n

\u201cIt\u2019s also helpful to get consent from the estate beneficiaries for the replacement executor as the court will want to be satisfied that any replacement will be acting in the best interests of the beneficiaries,\u201d she says.<\/p>\n

How three siblings initiated a $6-million wealth transfer after their father\u2019s death<\/a><\/p>\n

Ms. Carmichael says it\u2019s not uncommon for the court to require the outgoing executor to provide an accounting of their dealings with the estate while acting as executor, a process known as a passing of accounts. <\/p>\n

She says there are also circumstances where a person named in a will as executor may not be able to act due to illness or incapacity. In these cases, if probate hasn\u2019t been obtained or the person hasn\u2019t intermeddled in the estate, a renunciation form can be signed by the individual or someone acting under a power of attorney for property on their behalf, if one exists.<\/p>\n

\u201cAn application can also be made to the court for removal of a mentally incapacitated executor if they haven\u2019t obtained probate or started to deal with the estate,\u201d she says.<\/p>\n

Speak up while testator is still alive<\/p>\n

Ms. Carmichael and other estate professionals urge people who know they\u2019re being named an executor to be upfront if they can\u2019t or don\u2019t want the task. <\/p>\n

For instance, Ms. Carmichael is seeing a growing number of adult children tell their parents they don\u2019t want to be their executor, either because of their own work or family commitments, or the responsibilities that come with the role.<\/p>\n

\u201cWhat has previously been considered such a great honour to name children has gone to kids saying, \u2018Thank you, but no, thank you. I\u2019d rather not do it,\u2019\u201d she says.<\/p>\n

Vet the testator first<\/p>\n

Would-be executors should feel emboldened to ask questions about the estate, including how much work is involved, how much time it will take and how they\u2019re being compensated, before agreeing to take on the role, says Erin Bury, co-founder and CEO of online estate planning platform Willful.<\/p>\n

\u201cIt sounds like an awkward conversation \u2026 but I think you want to try to get a sense of how much work will be involved, how complex the assets are and if there\u2019s anything that\u2019s going to really cause trouble during the estate administration process, such as a falling out with a beneficiary \u2026 or if they have a lot of debt or claimed bankruptcy,\u201d she says, noting that trust companies would ask similar questions before taking on the job. <\/p>\n","protected":false},"excerpt":{"rendered":"Open this photo in gallery: Debbie Stanley, CEO of ETP Canada, estimates the average executor spends about 400…\n","protected":false},"author":2,"featured_media":230149,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[84,4176,14367,4174,4175,11749,56,54,55],"class_list":{"0":"post-230148","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-personal-finance","8":"tag-business","9":"tag-finance","10":"tag-noastack","11":"tag-personal-finance","12":"tag-personalfinance","13":"tag-r-fp","14":"tag-uk","15":"tag-united-kingdom","16":"tag-unitedkingdom"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/230148","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/comments?post=230148"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/230148\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media\/230149"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media?parent=230148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/categories?post=230148"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/tags?post=230148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}