My executor refuses to act
In short
A named executor who does not want the role can renounce (give it up entirely) or have power reserved for a co-executor to act — provided they have not already started dealing with the estate. If no executor will act, someone entitled under the will can apply for letters of administration with the will annexed.
The situation
An executor named in the will is unwilling or unable to take on the role.
What happens legally
An executor cannot be forced to act, but the estate must still be administered:
- An executor who has not 'intermeddled' (not started acting) can sign a deed of renunciation to give up the role.
- Where there are several executors, one can have power reserved, letting the others act while keeping the option to step in later.
- Once an executor has intermeddled — collecting assets, paying debts — they generally cannot renounce and may need a court order to step back.
- If no executor acts, a beneficiary can apply for letters of administration with the will annexed to take over.
The risks
- Delay while executors decide can hold up the estate and accrue inheritance tax interest.
- An executor who has already intermeddled cannot simply walk away.
- Disputes between unwilling and willing executors can stall administration.
Recommended actions
- Confirm whether the executor has done anything with the estate yet.
- Have an unwilling executor renounce or reserve power formally, before acting.
- If no executor will act, identify who can apply for letters of administration.
- Consider instructing a probate professional to administer the estate.
Sources
- Senior Courts Act 1981; Non-Contentious Probate Rules 1987 — legislation.gov.uk
- GOV.UK — Applying for probate
- Citizens Advice — Dealing with the estate of someone who has died
- Reviewed by
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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