Resignation of an executor to a will

At times an executor is appointed by a testator in their Will and the executor is ill equipped or unwilling to act as executor. In these circumstances, it is necessary for an executor to formally renounce their role as executor.

Quite often executors are unsure if they can resign as an executor of a Will or how to go about it.

Renouncing an executorship is a formal legal process and involves lodging documents with the Supreme Court of Victoria (or relevant court in other states) after the death of the testator. The documents should be drafted by a lawyer and advice provided to the resigning executor to the overall implications of the resignation to the executor themselves, the estate and the beneficiaries.