Can I Decline the Role of Executor? (Victoria)

Yes, you can refuse to act as an executor. If you’ve been appointed as an executor in a will but feel you’re not the right person for the job, you have the option to decline the role.

If the testator is still alive, it is best to inform them of your decision as soon as possible so that they can make alternative arrangements.

If the testator has passed away, there are two ways to decline the role:

Renouncing probate

In order to renounce probate, the appointed executor must complete and sign a renunciation of probate form in the presence of a legal practitioner. However, before signing, it is important that the executor obtains advice from the legal practitioner on the effect of renunciation. The legal practitioner must also complete an affidavit of verification. Following this, both documents then need to be filed in the Supreme Court of Victoria.

Leave reserved

If there is another executor appointed under the will who is willing and able to perform the duties of executor, then they have the option of making an application for a grant of probate with leave reserved to the declining executor. In this situation, the declining executor reserves the right to be joined as an executor at a future date.

Note: Asher Law articles are intended to be a general guide only and do not constitute legal advice. For personalised legal advice, please consult with a legal practitioner.