Nominated Executors can’t be forced to take on the Executorship but once they have accepted they are unable to renounce. The Executor is to act in accordance of the appointment as described in the Will and accepting is a full acceptance of all responsibilities. An Executor is not able to make an agreement for another to accept office of Executor. There is no ceremony to mark the acceptance of the appointment. Acceptance is by conduct and carrying out the duties of an Executor knowing they are being carried out as Executor. When it is unclear whether the nominated Executor has accepted the appointment or not, the Court may require the Executor to appear before it and make clear their intention.
If you have been appointed by the Will, you should decide very quickly whether or not you wish to accept the position. There is no legal obligation to do so. If you don’t want to act, you will need to “Renounce” your appointment. The Court will not force you to accept the job unless you have already started taking substantive steps in administration of the estate.
If you have any questions you would like answered either confidentially or via this medium, please email us at office@mjolegal.com.au
This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.