Last modified: 10/08/2011
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It's in the Wizard
This content forms part of The Probate Wizard. Read more.
How many executors are required to act?
Executors are responsible for carrying out the terms of the will. In effect, this means they are responsible for the probate process (also known as administering the estate), including applying for the grant of probate and arranging payment of any inheritance tax.
The minimum number of acting executors is one.
Executors who do not wish to take an active role in the probate process can renounce or have power reserved. See our guide “Renouncing and power reserved”.
It may be that more than one executor wishes to be involved. A maximum of four executors may apply for the grant of probate (which is why wills rarely list more than four).
If there is more than one acting executor, they must reach agreement on all matters and make decisions as if they are one person. No executor can overrule another.
There may be practical advantages to having just one acting executor. For example, it may be easier for one person to sign the forms and attend a probate registry.
If all executors renounce, the right to administer the estate falls to the residuary beneficiaries. See our guide "When can a residuary beneficiary administer an estate?".
Making the decision
The deceased may have appointed more than one executor for a reason, perhaps hoping that all would remain involved. Nevertheless, this does not prevent any executor from renouncing or having power reserved.
The decision to act (or not to act) is personal to each executor.
How to renounce or have power reserved
If an executor wishes to step aside, they must do so by renouncing or having power reserved.
See our guide “Renouncing and power reserved”.
Executor in a will?
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