A nominated person does not have to accept the appointment as executor. A nominated person can, before applying for a Grant of Probate, appoint the State Trustee to act in their stead, or simply sign a renunciation.
However, once a person has undertaken any aspect of the duties of executor, they have effectively accepted the role, and it is much harder to renounce. As such, if someone is ambivalent about acting as executor, he or she should avoid undertaking any of the duties of the executor until they have made a final decision about accepting the role.
What is an executor?
An executor is a person (or sometimes more than one person) named in a Will to carry out the wishes of the Will-maker after their death. Often solicitors or specialist trustee companies are named as executors. The most critical activity undertaken by the appointed...
What is a Will?
A will is a legal document that spells out your wishes regarding the care of your children, pets as well as the distribution of your assets after your death. Put simply, a Will is a legally prepared and bound document that states your intentions for the distribution...