The impact of executors dying or renouncing

28 May 2021


This is a quick reminder. When an executor renounces, it is treated as if that executor has died. You are normally taking out an will annexed application. The normal title in these cases is that it is the residuary beneficiary who is taking out a grant. But remember, there may be other executors. So say for example a husband and wife will, where the husband has pre-deceased his wife. In that case the now deceased wife will have appointed substituted executors to cater for her husband pre-deceasing. If the substituted executor is taking out a grant (eg a child), this is not a will annexed case. It is still a grant of probate case. The similar principal would apply if the husband survived but renounced. Just remember that you are referring in your oath, to the executor as the “substituted” executor. So don’t go racing down to the residue clause. The answer may not always be there.