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VIC Can Executor of Will Resign Then Revoke Resignation?

Discussion in 'Wills and Estate Planning Law Forum' started by Scooter, 1 July 2016.

  1. Scooter

    Scooter Active Member

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    In dealing with a family member's will, the named executor of will contacted the lawyer holding the will on the day of death and asked to be removed as the executor. This was done without any approaching any of the close family members.

    The executor then attended the lawyer's office and signed paperwork, then sent a message saying " I have resigned as executor of the estate" and verbally stated "I don't want anything from estate" (She is a beneficiary).

    The lawyers then contacted the second named executor to say "you are in charge as executor". The original executor is now considering revoking her signed paperwork. Is this allowed?

    Replacement executor has been dealing with the estate, paying debts (from their own pocket), for approx. 5weeks. All of this on top of questions regarding a pending second will, which was prepared but unsigned at time of death.

    Need help, please :/
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Scooter,

    Generally once formal documents are executed to renounce executorship or probate, the executor gives up their rights. I would not think they can simply come back and reverse their decision, that would completely defeat the purpose of signing the documents in the first place.
     
  3. Tim W

    Tim W Lawyer

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    Having formally resigned, there is no mechanism to "un-resign" from an executorship.
    The "quitter" would have to bring an action to have the succeeding executor removed...
    and they would need pretty good grounds - mostly to do with the unsuitability of their successor.
    Mere change of mind is not normally a ground that you would expect to be successful.
     

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