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General => The Common Room => Topic started by: Peter Cockerill on Friday 31 May 24 18:56 BST (UK)

Title: None of the Executors of a Will agreed to act
Post by: Peter Cockerill on Friday 31 May 24 18:56 BST (UK)

Dear Friends

I have a 1640 Will which when it went for probate none of the Trustees agreed to act so the Will could not be proved and letters of administration were issued instead to someone not named in Will.

Can anyone offer anexplanation as to why all Trustees might refuse to act?

Thank you so much
Peter

 

Title: Re: None of the Executors of a Will agreed to act
Post by: Jebber on Friday 31 May 24 19:06 BST (UK)

There could be a variety of reasons. They may simply not have wanted the bother, particularly if they had not been consulted by the legatee before he/she made their will naming them as executors.

Title: Re: None of the Executors of a Will agreed to act
Post by: Watson on Saturday 01 June 24 07:30 BST (UK)

I believe this is known as renouncing the will.  One situation is where the testator was heavily in debt; this might result in the estate being administered by a creditor.